Orientation/Training for the Newly Appointed LMOs, LMIs and

Deputized Public Land Inspectors on the Recent Policies, Laws, Rules and Regulations
on Land Management and Disposition
March 8-9, 2018
Ritz Tower de Leyte, Tacloban City

Documentation Report

Opening Program

The activity started off with a prayer and singing of the Philippine National Anthem led by
James de la Cruz and Ms. Lourdes Coveros of HRD, respectively. The welcome and inspirational
message was given by Engr. Ramon S. Unay, Chief of Surveys and Mapping Division. In his message,
he first acknowledged the participants and the resource persons. He also congratulated the Licenses,
Patents and Deeds Division (LPDD) staff for coming up with the activity despite the fact that it was
conducted a bit late. He added that this activity should have been conducted right after the
appointment of newly hired employees. He then told the participants that the speaker will impart
their knowledge on what their responsibilities are as LMOs, LMIs and DPLIs. He emphasized that
their roles are important in the conduct of investigation. He also advised the participants to read and
review the policies related to land titling and compile these policies for easy access later on. He added
that everything can already be found in the DENR website so they can access it whenever they want.
Engr. Unay also reminded the participants that the ARD for Technical Services and the Regional
Director were both Regional Technical Director of Lands before, thus, they are experts when it comes
to land matters. For his parting message, he hoped that everyone can catch up and understand
everything that will be taught in the orientation/training.

The introduction of participants, rationale and overview of the activity was given by the LPDD
Chief, Dr. Nena M. Daynos. She introduced the participants by CENRO and encouraged each to do their
best. She said that this activity was conducted to fully equip those personnel on their job and
responsibilities especially the newly hired employees. She added that the 2-day activity will upgrade
the technical competence and capabilities of our field operators to make them effective frontliners
for the smooth and efficient implementation of our program and for the realization of our targets.
She also narrated the objectives as follows:

1. For the learners or participants to be able to acquire some basic knowledge, skills and
capabilities in gathering, processing, investigation and documentation of all applications
for Special Patents on all untitled school sites and government lands, free patents
(residential and agricultural) and foreshore lands.

2. To be able to identify gray areas in the disposition of all applications for Special Patents
on School sites and government lands, free patent residential & agricultural and foreshore
areas, and be able to solve them.

3. To improve public service by assuring expeditious processing and issuance of quality

patents.
 Dr. Daynos said that the LPDD is the consistent “kulelat“(performs badly) when it comes to
patent registration. So, she was hoping that this time the division would be able to accomplish its
targets. Finally, she wished that the learning gained by the participants from this 2-day
orientation/training will be retained in their minds and she hoped that they will give their 100%
commitment and dedication in accomplishing the targets.

Before the orientation proper, Ms. Carol Esber set the house rules for the participants to
follow for the whole duration of the activity, to wit:
 Fill-up the daily attendance sheet
 Be punctual/always come on time
 Observe silence during the learning event proper
 Participate actively during work and class discussion
 Give due respect to the lecturer/resource speakers and co-participants
 Recognize the contributions of the team members
 Wear ID during the entire session
 Submit the required output to the host team/facilitator/secretariat
 Refrain from littering and loitering
 Seek permission from the secretariat/facilitator whenever leaving the venue
 Put your cellphones in silent mode and refrain from using them
 Certificates of Completion will be given to those who will complete the required training
hours and course requirements; and only Certificates of Attendance shall be awarded to
those who will attend at least 80% of the course duration.

Orientation/Training Proper

Topic 1: Qualification, Duties and Responsibilities of Deputized Public Land Inspectors

Speaker: Delfin Longcop Jr.

Mr. Longcop started off his lecture by asking as to why we’re having DPLI. He said that the
purpose of DPLI is to help the target of the office and augment the welfare of the institution.

He then gave the “desired” qualifications of a DPLI. He put emphasis on the word “desired”
because a DPLI can do away with some of these qualifications and these are the following:

1. Must have completed at least 2 years of college education preferably in law or surveying or Geodetic
Engineering
2. Must have had an experience of at least one year in actual land disposition and administration or in
surveying
3. Must have qualified in a Land Inspector or a Second Grade Examination, or its equivalent given by the Civil
Service Commission
4. Must have fundamental knowledge of the Public Land law and other relevant laws, rules and regulations,
executive orders, proclamations, circulars, or memorandum orders affecting the disposition of public
lands
5. Must know sketching and mapping with the aid of box compass and should be able to compute the areas
of land sketched by him.
Personal Qualities of a DPLI
1. Courtesy and Loyalty
 Utmost courtesy in dealing with other government officials and the public
 Endeavor to be sincere, courteous and concise
 Efficient in the discharge of his duties
 Loyal to the government

2. Honesty
 Act beyond reproach
 Should not accept gift or favor from any interested party in any case under
investigation
 Should not accept offers for quarters, subsistence or transportation from such parties
or from any person who is interested in any case under investigation unless due
compensation thereon at current rate is tendered and accepted and only in the event
that the same cannot be secured from other sources

3. Cooperation
 They are expected to promote good understanding and cooperate with other
government officials in carrying out the legitimate purpose for which their office have
been created
 Have a harmonious relationship with the other officials of the government in the
locality
4. Help to poor applicants
 Should extend as much help as possible to indigent applicants
 Advise the applicants of the procedure to be followed in order that their application
can be acted upon expeditiously
 Should bear in mind that their mission in the field includes, among other things, the
encouragement in the development of our natural resources

Functions of Deputized Public Land Inspectors

1. Conducts preliminary, final and miscellaneous investigation

2. Instructs land applicants in completing application forms
3. Administers corresponding oaths
4. Interviews applicants and inspects the premises
5. Conducts status investigation
6. Appears in court as witnesses

Kinds of Investigation

1. Preliminary investigation
 Initial stage in the processing of PLAs to determine compliance with the basic
requirements
 Accomplished thru a preliminary report
 2. Final investigation
 Another stage in the processing of PLAs which is conducted to determine actual status
of the land and compliance with the necessary requirements/qualifications
 Accomplished thru a final report

Preliminary and Final Investigation (Residential Free patent)

- Preliminary-assessment of compliance with the qualification and documentary
requirements based on the checklist
- Done prior to the acceptance of the application and is outside the 120 day period.

3. Claims and Conflicts Investigation

 An investigation to determine the conflicting claims of applicants and occupants

Claim vs Conflict:
Claim- an assertion of an individual to a right against a public land applicant
Conflict- arises when two or more persons apply for the same parcel of land

4. Investigation of titled lands

 A fact-finding investigation for the purpose of reviewing the legality of the issuance of
patent whether the title holder had obtained his title through fraud or through
misrepresentation

 A re view of monitoring function conducted to determine whether the filing of a

cancellation or reversion proceeding is warranted

5. Miscellaneous investigation
 Refers to the various fact-finding investigation related to the implementation of other
provisions of the Public Land Act
i. Transfer of rights
ii. Lands subject of reversion
iii. Transfer of patented lands
iv. Request for survey authority
v. Other investigations as may be required by DENR officials

For his parting message, Mr. Longcop reminded everyone to put public interest first over and
above personal interest.

After the first speaker, participants were divided into 6 groups. Each group were asked to
choose a leader who will be in-charge in facilitating the activity as follows:
Group 1- will facilitate the afternoon session
Group 2- in-charge during the cocktails
Group 3- will facilitate day 2, morning session
Group 4- will facilitate day 2, afternoon session
Group 5- in-charge in the closing program
Group 6- were asked to fill the group with lacking member
Topic 2: Overview of the New Surveying and Titling Approaches
Speaker: Winston Solite

Objectives of Building Partnerships

 Build commitment and generate support from the different stakeholders in the
implementation of the project and reform of the land sector
 Fast track tenure security and other related activities through improved IEC strategies and
strengthened LGU partnerships
 Minimize errors in the technical processes (titling, Survey, Etc. ) through the use of
community-generated information
 Ensure sustainability of the formal system by guiding the people through tenure security
and subsequent land transactions processes
 Foster transparency and develop feeling of ownership by involving stakeholders in every
stage of the project implementation
 Reduce the cost of titling through a more efficient and effective processes and active
involvement of LGUs and other stakeholders

He then showed an illustration of the process flow for convergence and community
mobilization.
-there will be an agreement between the office and the municipal level then down to the
barangay to discuss land tenure planning.

Objectives:
 Encourage active involvement by the Municipality in the operations planning prior to
the commencement of barangay fieldwork and implementation of the project
 Encourage MLGU involvement in the conduct of the survey validation, RLTA & effective
IEC
 Facilitate easy access to records of the municipality necessary for the project
implementation
 Forge a counter parting arrangement with the LGU (re provision of stall for the project,
etc.)
 Encourage MLGU to spearhead and pursue the agenda of land tenure improvement and
local development in the MDP through the use of data, land tenure profiles and
information generated.

Establishing Partnerships at the Municipal Level

This involves activities like exploratory meeting with the mayor and other key LGU officials,
conduct of rapid land tenure appraisal and project presentation and commitment building,
participatory operations planning with LGU and initial data gathering (secondary data)

Establishing Partnerships at the Barangay Level

Objectives includes the following:
 Facilitate community participation in the implementation of the systematic adjudication
processes and in pursuing post-adjudication development initiatives
  Encourage BLGU involvement in the conduct of the survey validation, RLTA, community
awareness activities and in systematic adjudication
 Capacitate and encourage BLGU to spearhead and pursue the agenda of land tenure
improvement at the barangay level and its inclusion in the BDP through the use of data,
profiles and information generated

This also involves activities like exploratory meeting with the Punong Barangay, project
presentation and commitment building, social investigation, operations planning for systematic
adjudication and land tenure improvement planning and barangay assembly.

Community Mobilization and Information, Education and Communication (IEC) Strategies and
Activities

-This involves interpersonal activities like council meetings, project orientations,

commitment building session, barangay assemblies, participatory planning, public address or
bandillo and sending of notices.

He then showed the participants samples of print IECA materials that they produced

For the forum, since the participants didn’t asked question, the speaker asked the
participants himself if they can register for residential free patent if their land is mixed residential-
commercial. Some said yes but were not so sure of their answers. So, he told them yes, they can
register based on DAO 2010-12.

For his parting words, he told the participants to learn to say no whenever an applicant would
give them something to make their application run smoothly.

After the lunch, the participants were given an ice breaker from group 1 to liven them up
before the next topic to be discussed.

Topic 3: Modes of Disposition of Public Alienable and Disposable Lands

Speaker: Oscar G. Tan-Piengco

He started his discussion by giving the definition of Title. The following was the flow of his
discussion/presentation:

Title- the foundation of ownership of property.

- It also involves the exercise of the maximum rights of dominion over the property without
limitations except those that maybe established by law.

Certificate if Title- is the evidence of ownership to the land. It is not the title to the land itself as
conceived under our Civil Law.
Methods of Acquiring Land Titles
1. By public grant
2. By private grant
3. By adverse possession or prescription
4. By accretion (Art. 457, civil code)
5. By involuntary alienation
6. By descent or devise
7. Reclamation- by filling of submerged lands by deliberate act
8. By CLOA under RA 6657 or CARP law

He then cited a paragraph from the Regalian Doctrine that states “ All land of public dominion
and all other natural resources are owned by the State and that all lands not otherwise clearly
appearing to be privately owned are presumed to belong to the State”. This Regalian Doctrine was
introduced by the Spanish Colonizers and presently finds expression in Section 2, Article XII of the
1987 institution.

Present System of land Classification

It must be borne in mind that only lands that have been declared alienable and disposable are
subject to private acquisition. Forest land, mineral lands and national parks cannot be acquired by
private persons.

Alienable and disposable lands refer to those lands of the public domain which has been the
subject of the present system of classification and declared as not needed for forest purposes. Lands
of public domain that has not been classified are considered public forest.

Classification of lands (as to actual use/utilization) is primarily an excuse prerogative of the

Executive Department and is exercised by the Chief Executive and the Secretary of the Natural
Resources as delegated power.

Reclassification of lands that has already been subject of original classification is vested with
Congress.

Under RA 6657 “Comprehensive Agrarian Reform Law”, the reclassification of lands is lodged
in congress.

Section 4, par A of RA 6657 (CARL) coverage:

1. All alienable and disposable lands of public domain devoted to or suitable for
agriculture. No reclassification of forest or mineral lands to agricultural lands
shall be undertaken after the approval of this Act until Congress taking into
account ecological, development and security consideration shall have
determined by law, the specific limits of the public domain.

Section 4 of CA 141 speaks if classification of lands of public domain which power is lodged
with the president. This pertains to classification, not reclassification. If the process is
 reclassification from the original classification of timberland, this is within the power of
Congress not the President. (Ref. Memo of Dir. Of Lands, Engr. Ralph Pablo dated November 14,
2012)

Land Disposition

There are number of ways by which title to public land maybe acquired or granted to
qualified individual and thereafter confined and/or registered. The principal methods are
those provided by CA 141 as amended:

1. CA 141 (Public Land Act)

2. RA 6657 (CARLaw)
3. Act No. 496 (land Registration Act)
4. Act No. 2259 (Cadastral Act)
5. PD 1529 (property Registration Decree)

Source of Authority and Functions of DENR on Land Management and Disposition

Section 3, Public Land Act

The Secretary of Agriculture and Natural Resources (now Secretary of DENR), shall
be the executive officer charged with carrying out the provisions of this Act, through the
Director of Lands, who shall act under his immediate control.

Section 4, Public land Act

Subject to said control, the Director of Lands shall have direct executive control of the
survey, classification, sale or any other form of concession or disposition and management of
the lands of public domain, and his decisions as to questions of fact shall be conclusive when
approved by the Secretary of the DENR.

Topic 3: Concept of Free Patent

Speaker: Oscar G. Tan-Piengco

Free Patent- is the confirmation of imperfect or incomplete titles, over alienable and disposable
public agricultural lands thru administrative legislation. They are acquired by natural-born
Filipino citizens by virtue of their open, continuous, exclusive and notorious possession of
alienable and disposable public agricultural lands, for at least 30 years, tacked to the
possession of their predecessors-in-interest.

Terms to Understand include:

1. Alienable and disposable public lands
2. Administrative proceedings
3. Legalization of imperfect or incomplete title
4. Natural born Filipino citizen
5. Open possession
 6. Continuous possession
7. Exclusive possession
8. Notorious possession
9. Imperfect or incomplete title
10. Vested right
11. Principle of tacking possession

He emphasized that the adjectives which describe the possession of a Free Patent Application
were open possession, continuous possession, exclusive possession and notorious possession.

Republic Act 9176

An act extending the period until December 31, 2020, for the filing of Applications for
Administrative legalization (Free Patent) and Judicial Confirmation of Imperfect and Incomplete
Titles to Alienable and Disposable Lands of the Public Domain, amending for this purpose,
Commonwealth Act 141, as amended, otherwise known as Public Land Act.

1. Signed by Pres. Gloria Macapagal Arroyo on November 13, 2002

2. It extended the period for the filing free patent applications and judicial confirmation of
imperfect titles until December 31, 2020
3. It sets forth the qualifications of a Free Patent Applicant;
a. Natural born Filipino citizen
b. Not an owner of more than 12 hectares land
c. For at least 30 years, prior to his application for Free Patent with the DENR,
he/she was continuously occupied and cultivated either by himself/herself
through his/her predecessors-in-interest, a tract of public agricultural land
subject to disposition (A&D)
d. Shall have paid the real estate tax on the land
e. Not occupied by any other persons.
4. Filing, investigation and processing of free patent applications in the CENRO shall fall
under the Operations of the “Handog Titulo Program”
5. All pending applicants filed before the effectivity of RA 9176 shall be treated as having
been filed in accordance with this act
6. Effectivity of RA 9176 is fifteen days after its publication in two (2) national newspapers
of general circulation
7. Implementing Rules and Regulations (IRR) of RA 9176 is contained in the DENR
Administrative Order No. 36 dated December 9, 2002 which was published in the Manila
Standard on December 13, 2002.

Checklist Documentary Requirements to Accompany FPA

 Evidence of ownership
 Tac Declaration
 Sketch Plan of the lot applied for with Technical Description of the said lot
 Community Tax Certificate
 Documentary Stamps
 Affidavit
  Joint affidavit
 A&D Certification signed by the CENR Officer
 Certification of the Brgy. Captain on the posting of application
 DAO 2000-12

Procedures in the filing and processing of Free Patent Application

1. Filing of applicant personally or by his duly authorized representative before the CENR Office
concerned
o DPLI must first ascertain the application:
 The land classified as A&D-released on or before December 4, 1972
 The applicant is qualified and has signed his/her application with
documentary stamp affixed on it;
 The land applied for is surveyed and does not exceed the maximum area
limitation—not more than 12 hectares
 The applicant has paid the required application and other administrative fees
 The land applied for is covered by any other public land application, and
 The applicant is the holder of any other public land application.
o Basis for rejection of Free Patent Application
 The land is not A&D land of the public domain
 The land is covered by a proclamation or reservation or by NIPAS law
 The land overlaps with any other lot with an approved survey plan, and
 The application lacks the required supporting documents.
2. Receipt of application by the Records Officer
o Before receipt, the records officer shall first ascertain:
 Whether the applicant is the survey claimant as listed in the alphabetical or
numerical list of survey claimant;
 Verifying the same in the sketch and survey record card and lot allocation
book;
 Not covered by any other public land application;
 If the applicant is not the survey claimant, he/she must show proof how that
land has been acquired from the listed survey claimant; and
 Documents must be complete.
3. Posting of Notice
o Where to be posted:
 Provincial Capitol
 Municipal Building; and
 Barangay hall where the land applied for is located
o Notice should be posted for two (2) consecutive weeks and accompanied by a Joint
Affidavit of Two Disinterested Persons proving applicant’s occupancy of the land,
either by himself or through his predecessor-in-interest
o Note : filing of adverse claims should be done on or before the 1st day of posting notice
and notice should be ratified on or after the last day of posting by an authorized
official.

The primary objective of the posting of notice for Free Patent Application is to serve as an
announcement to the whole world that the land is being applied for free patent and any claim
 to the land by any other person/s after the date fixed therein shall not be entertained by the
Land Management Service, DENR.

4. Conduct of Investigation
o The DPLI shall ascertain on the actual field inspection:
 Whether the land is A&D
 As to when the land applied for was first occupied and cultivated either by the
applicant or through his predecessor-in-interest
 Whether the land is being claimed by any other person
 The actual occupant of the land and the kind of improvements made in the
land and the party responsible for the improvements therein
 The correct lot and area
 Investigation shall include adjoining lots
o Report must be duly indorsed by the concerned official and issuance of patent is
favorably recommended by him
o No transfer of rights during its pendency shall be allowed except for homestead
applications and in cases of hereditary succession with prior approval of the office
concerned.
5. If all the requirements have been satisfactory complied with, the following are
simultaneously prepared:
o Order: Approval of Application and Issuance of Patent
o Free Patent in Judicial Form No. 54 and 54-D
6. Transmittal of application to the
o PENRO-up to 5 hectares
o Regional Office- more than 5 hectares up to 10 hectares
o Secretary-above 10 hectares

REPUBLIC ACT No. 10023

AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTAL LANDS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Qualifications. - Any Filipino citizen who is an actual occupant of a residential land may
apply for a Free Patent Title under this Act: Provided; That in highly urbanized cities, the land
should not exceed two hundred (200) square meters; in other cities, it should not exceed five
hundred (500) square meters; in first class and second class municipalities, it should not exceed
seven hundred fifty (750) square meters; and in all other municipalities, it should not exceed one
thousand (1,000) square meters; Provided, further, That the land applied for is not needed for
public service and/or public use.

Section 2. Coverage. - This Act shall cover all lands that are zoned as residential areas, including
townsites as defined under the Public Land Act; Provided, That none of the provisions of
Presidential Decree No. 705 shall be violated.
Zoned residential areas located inside a delisted military reservation or abandoned military camp,
and those of local government units (LGUs) or townsites which preceded Republic Act No. 7586 or
the National Integrated Protected Areas System (NIPAS) law, shall also be covered by this Act.

Section 3. Application. - The application on the land applied for shall be supported by a map based
on an actual survey conducted by a licensed geodetic engineer and approved by the Department of
Environment and Natural Resources (DENR) and a technical description of the land applied for
together with supporting affidavit of two (2) disinterested persons who are residing in the
barangay of the city or municipality where the land is located, attesting to the truth of the facts
contained in the application to the effect that the applicant thereof has, either by himself or through
his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a
bona fide claim of acquisition of ownership, the land applied for at least ten (10) years and has
complied with the requirements prescribed in Section 1 hereof.

Section 4. Special Patents. - Notwithstanding any provision of law to the contrary and subject to
private rights, if any, public land actually occupied and used for public schools, municipal halls,
public plazas or parks and other government institutions for public use or purpose may be issued
special patents under the name of the national agency or LGU concerned: Provided, That all lands
titled under this section shall not be disposed of unless sanctioned by Congress if owned by the
national agency or sanctioned by the sanggunian concerned through an approved ordinance if
owned by the LGU.

Section 5. Removal of Restrictions. - The restrictions regarding encumbrances, conveyances,

transfers or dispositions imposed in Sections 118, 119,121, 122 and 123 of Chapter XII, Title VI of
Commonwealth Act No. 141 as amended, shall not apply to patents issued under this Act.

Section 6. Period for Application. - All applications shall be filed immediately after the effectivity of
this Act before the Community Environment and Natural Resources Office (CENRO) of the DENR.
The CENRO is mandated to process the application within one hundred and twenty (120) days to
include compliance with the required notices and other legal requirements, and forward this
recommendation to the Provincial Environment and Natural Resources Office (PENRO), who shall
have five (5) days to approve or disapprove the patent. In case of approval, patent shall be issued;
in case of conflicting claims among different claimants, the parties may seek the proper judicial
remedies.1avvphi1

Section 7. Implementing Rules and Regulations. - The Director of the Land Management Bureau of
the Department of Environment and Natural Resources (DENR) shall promulgate rules and
regulations to carry out the provisions of this Act, and shall see to it that such are gender
responsive.

Section 8. Repealing Clause. - All laws, decrees, executive order, executive issuance's or letters of
instruction, rules and regulations or any part thereof inconsistent with or contrary to the
provisions of this Act are hereby deemed repealed, amended or modified accordingly.

Section 9. Separability Clause. - If, for any reason or reasons, any part or parts of this Act shall be
declared unconstitutional or invalid by any competent court, other parts of this Act shall be thereby
shall continue to be in full force and effect.
Section 10. Effectivity Clause. - This Act shall take effect fifteen days (15) after its publication in two
(2) national newspapers of general education.

Open Forum:

Q1: One participant from CENRO Catarman asked the speaker as to who is the real owner of the lot
that has two title.

A1: Mr. Tan-Piengco answered that the owner was the first who register for the lot. He explained that
such cases happens when the allocation book is not updated. Technically, the second title is deemed
void because there is already an existing title.

Q2: If lot has free patent, can we have it registered with CLOA?
A2: No, because once the lot is already titled, it cannot be superseded by a CLOA.

Q3: There is this case where the versus is not known, what’s the best thing to do?
A3: The actual occupant can write for a change of survey claimant, prepare an investigation report
and have it forwarded in the regional office.

Q4: How to change survey claimant? Because it was just emailed to us and the subject lot is within
political boundaries?
A4: Please conduct actual investigation of the area and prepare your recommendation. Usually if
within political boundaries, there is versus. You can have it forwarded to the regional office instead
so that regional office will do the investigation. Another instructed them to send a reply to the sender
to furnish the office with their documents for easy investigation process.

Q5: During the survey, the claimant was not around so the lot was named after the barangay. Hence,
they weren’t able to transfer the tax declaration. Are we doing it right when we asked them to prepare
a resolution and forwarded it to the LGU?
A5: Yes, the barangay resolution should be forwarded to the LGU, then to the province.

Q6: One person applied for agricultural patent but his lot number was not specified. Moreover, in his
document, the survey claimant is not him but his cousin when in fact he is the owner of the lot. The
problem is two tax declarations were issued on the same lot. The question is, is it our mistake or the
municipal assessor?
A6. I think it’s the municipal assessor because if they conducted tax mapping, that case will not
happen. Ms. Cynthia Apostol of CENRO Palo added that they should conduct a preliminary conference,
invite both parties over in the office and have them prove their claims, then you will be able to assess
later the real problem. Then you can ask one of them to prepare a request of confirmation.

Topic 4: Institutionalizing Land Titling of Residential Lots

Speaker: Mr. Oscar G. Tan-Piengco

Next topic he tackled was on institutionalizing land titling of residential lots. He shared a
wider coverage for RA 10023 wherein it allows issuance of Residential Free Patents to all zoned areas
not intended for public service or public use. It supplements the Public Land Act of 1936 which covers
the issuance of free patents for agricultural lands. With this, the people could have security of tenure
wherein they will be able to have the land they occupy titled in their own names and all subsequent
actions monitored, reducing the risk of fake titling.
The land area requirement applied for titling shall not exceed 200 square meters for highly
urbanized cities, 500 square meters for other cities, 750 square meters for first and second class
municipalities, and 1000 square meters for other municipalities. It has shorter administrative
proceedings wherein applicants can file their application in the nearest CENROs and it will be process
within 120 days. It has no more restrictions since the restrictions after the issuance of the patent
under CA 141 are not applicable to patents issued under RA 10023. Mr. Tan-Piengco also emphasized
that only one for every person can apply for residential free patent.

Open Forum

Q1: What if there are more than 1 lot and there was only 1 child? What to do with the other lots?
A1: They can resort to direct sale or RA 730.

Q2: A certain lot was donated to the barangay and then it was found out later on that the lot was titled
(residential)
A2: They can cancel the title but sometimes, donated lands have condition, it might be that it was
donated for the purpose of building a school.

Q3: There was this case wherein 1 lot was issued 2 tax declarations.
A3: Identify the actual occupant and then follow the process.

Q4: Can we apply for residential or agricultural patent 40 meters away from the no build zone?
Because the legal easement is only 20 meters.
A4: We have no legal basis on the 40 meters no build zone, it was just declared by the president due
to the onslaught of ST Yolanda. However, it only says “no build zone”, it does not say no titling. As
long as it is not a foreshore area and it is A&D, then you can apply for title.

Topic 5: DAO 2016-21 (Guidelines Governing the Processing of Requests for Proclamation
and Issuance of Special Patents over Agricultural Lands)
Speaker: Ma. Teresita M. Lomantas

Ms. Lomantas explained to the participants the purposes for the issuance of Special Patents
which include the following:
 Charitable or other similar purposes run or administered by the government or any of its
branches or instrumentalities
 Public cemetery, municipal halls, public plazas or parks and other government institutions
for public use or public purpose
 Other similar public purposes that may be identified.
 She also explained the definition of Special Patent which is a public instrument issued by the
government confirming the grant by the State of ownership over a parcel of agricultural land in
favor of the grantee by virtue of a Law or a Proclamation by the President of the Philippines.

For its scope and coverage, it cover all agricultural lands granted by the State in favor of the
grantee by virtue of a law or a proclamation by the President of the Philippines. She also reminded
everyone that the issuance of Special Patents involving public school sites shall be governed by DAO
2015-01 dated March 4, 2015 entitled “Guidelines for the Processing and issuance of Special
Patents for public School Sites under Republic Act No. 10023”.

Special Patent is issued only in favor of the Republic of the Philippines, its agencies,
branches and instrumentalities and local government units such as provinces, cities and
municipalities.

Under DAO 2016-21, there are three (3) scenarios for processing of request for issuance of
Presidential Proclamation/Special Patent, and these are the following:
1. In cases when the land is not yet reserved and/or subject of a proclamation,
2. In cases when the land is already reserved or subject of a proclamation, and
3. In cases of lands actually occupied and used for public use or purpose under section
4, RA 10023, there is no need to proclaim the land and a special patent shall be
issued directly.

She also discussed the requirements for each of these cases and the processes as to how and
where such applications should be filed which is at the nearest CENRO. When it comes to
numbering of the application, Ms. Lomantas showed a sample to the participants. She said that the
PENR Office shall assign a unique number for every approved Special Patents. All applications for
Proclamations and/or Special Patents shall form part of the database of the Land and Management
System (LAMS) of the Regional Offices and the LMB shall maintain an integrated national database
of all patents through LAMS. The restrictions in filing for Free Patents were also discussed by her
thoroughly.

Workshop Proper/Practical Application in Filling up of FPA Forms

Ms. Marilou A. Abocot facilitated the workshop proper wherein the 6 groups were given a
situation as their guide on how they are going to fill up the application forms. The participants were
given 30 minutes to answer. This ended the first day.

Day 2

The second day started off with a recapitulation of what had transpired on the first day.
This was done by the host group- group 3. After the recap, an energizer was given to the
participants to liven up their mood before the upcoming lectures. Then, Ms. Marilou Abocot
facilitated the critiquing of yesterdays’ workshop. She showed the output of each group and give
some comments and corrections on each output. After the critiquing, she gave some reminders to
the participants and these were the following:
 They should know how to fill up the applications
 In drawing the sketches, don’t forget to include the improvements
 The barangay captain should sign the Certificate of Posting, and
 If picture was taken during the investigation, put the date on the picture.

Topic 6: Foreshore Areas Management, Reclamation of Foreshore Areas and Conduct

of Appraisal and Re-appraisal
Speaker: Dr. Evangeline M. Lopez

Dr. Lopez started off her lecture with the discussion on the common uses of foreshore lands
which include the following:

 Wharves, piers, ports, dockyard

 Fish canneries, ice plants, warehouses, fixed industrial machineries and other
related structures
 Beach resorts, including hotels, rest houses & restaurants
 Recreational places, parks
 Village (residential), commercial and industrial estates developed by cities,
municipalities, lately by PEA (reclamation)
 Fishponds in bays along the shores of navigable lakes and rives

She then explained the power and functions of the DENR land sector as the one who will
exercise exclusive jurisdiction of all lands of public domain and shall continue to be the sole agency
responsible for classification, sub-classification, surveying and titling of lands in consultation with
appropriate agencies.

She also explained thoroughly the DENR land sector’s activities in foreshore area
management which generally consists of the following:
 Surveying of foreshore lands
 Investigation of such areas being applied for
 Inventory and sketching
 Acceptance and processing of application
 Appraisals and re-appraisal of land & improvements
 Award of leases/execution of contracts/permits
 Monitoring and evaluation

She then gave some definition of shore and foreshore. Shore according to her is the space
covered and uncovered by the movement if the tides. It begins on the land side at the line reached
by the sea during ordinary storms. Another definition says that it’s the space between the margin of
water at a low stage and the bank which contains it at its greatest flow.
 On the other hand, foreshore land refers to the part of the shore which is alternately
covered and uncovered by the ebb and flow of the tide. She also showed an illustration for the
participants to clearly identify where the shoreline and the foreshore area is.

Ecologically, foreshore may be in the form of beaches, mangroves and marshy or swamp
lands.
She then discussed the types of leases and permits in foreshore land dispositions and these
were the following:
 Foreshore Lease Application – the type of application covering foreshore lands, marshy
lands and other lands bordering bodies of water for commercial, industrial or other
productive purposes other than agriculture.
 Miscellaneous Lease Application – the type of application covering either a combination of
dry land (part of the shore), foreshore land or permanently underwater land depending on
the limitations as certified by PPA, PEA (now PRA),DOT and DPWH.
 Provisional Permit – a permit used for the temporary occupation and use of a tract of land
covered by a prescribed public land application.
 Revocable Permit – a permit used for the temporary occupation and use of a tract of land
not covered by a regular public land application.

In the conduct of appraisal and re-appraisal of foreshore areas, Dr. Lopez also discussed
who will be the signing authorities in the conduct of such as well as the signing authorities for the
conduct of public bidding and foreshore lease agreements. She also discussed the regulatory
jurisdictions of each agency over foreshore areas, to wit:
 DENR – over the survey and management of alienable and disposable public land, issuance
of leases and permits & over matters of forestry, mining and environmental concerns (C.A.
141/EO 192)
 DPWH – over cases involving construction and developments along foreshore areas. (C.A.
141, Sec.66)
 PPA – issuance of permit regarding construction of pier/port. (PD No. 857, Dec. 23, 1975)
 BFAR – issues or cancels Fishpond Lease Agreements (Fisheries Code of 1998)
 PEA – (now known as PRA) responsible over activities pertaining to reclamation. (E.O. 525
& 654)
 DOT – responsible over the development of an area as a tourism zone and marine reserves.
(LGC 81, June 4, 1981)
 LGU – regulate the use such as constructions and building activities covered by ordinances.
Prepare comprehensive land use plan. (LGC 57, August 10, 1979 & R.A. 7160)
 HLURB – promulgates zoning and land use standards & guidelines governing land use plans
and zoning ordinances of LGUs. (E.O. 648 & 72, R.A. 7279)

When it comes to reclamation of foreshore areas, Ms. Lopez shared its legal framework
which is the Regalian Doctrine—the foundation of the time-honored principle of land ownership
that states “all land that were not acquired from the government, either by purchase or by grant,
belong to the public domain.”
 She also emphasized in her discussion that the DENR is the one vested with the power to
authorize the reclamation of areas under water, while PEA is vested with the power to undertake
the physical reclamation of areas under water, whether directly or through private contractors.
DENR also is empowered to classify lands of the public domain into alienable or disposable lands
subject to the approval of the President. Ms. Lopez also briefly tackled what an unauthorized or
illegal reclamation is, which mean those reclamation projects which had been undertaken and
completed or are being undertaken and completed or are being undertaken and/or completed
without the required permit from the PRA and approved by the president of the Philippines.
Some salient features of DAO 2007-20 which is about the rules and regulations governing
the issuance of patent over reclamation projects and special patents over reclaimed lands were also
discussed.
Another topic tackled by Dr. Lopez was on the revised rules and regulations in the conduct
of appraisal of public lands and other patrimonial properties of the government. She discussed and
gave the participants guide formulas on how to appraise public lands. She also showed the
recommended format in coming up with an appraisal report.

Topic 7: Map Reading and Use of Compass in Mapping and Investigation

Speaker: Engr. Evelyn Amago

Engr. Amago started off her discussion by defining map—which is a picture of the earth’s
surface, basic tool of geography, something that depicts spatial phenomenon on paper, with
conventions used in cartography which allow a map to be read efficiently and quickly, it has legend
or key which allow the user to know the different symbols, has distance or scale which can be
indicated in a variety of ways on a map in verbal, numeric or graphic form, and has contour lines
and/or brown squiggly lines which represent elevation in landscape.
She added that every map is a representation of a larger portion of the earth. There are
different types of map, but her discussion focused on thematic map. Thematic map, according to
her, is a map that focuses on a particular theme or special topic and they are different from the six
aforementioned general reference maps because they do not just show natural features like rivers,
cities, political subdivisions, elevations and highways. If these items are on a thematic map, they are
background information and are used as reference points to enhance the map’s theme.
Although a compass is rarely used nowadays, Engr. Amago still taught the participants the
basic in reading a compass. The compass which is always pointing due north has 4 cardinal point—
North, South, East and West. The directions halfway between two cardinal points are North-East,
North-West, South-East and South-West. There are also secondary intercardinal points halfway
between each cardinal point and intercardinal point and these are called-- North-Northeast, East-
NorthEast, East-SouthEast, and South-SouthEast. She also taught the participants on how they could
identify the lots which are subject to ocular inspection.

I. Findings
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II. Conclusion
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III. Recommendations
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