RODRIGO B.

MALLONGA, EnP, CE, MBA, LLB, DPA

REALTOR / APPRAISER / CONSULTANT
REBL# XIII-ADN-001 RB REAL# XIII-ADN-001 RA RECL# XIII-ADN-001
CONSTITUTIONAL AND LEGAL
FRAMEWORK
The authority for land
management activities in the
Philippines rests on explicit
Constitutional and legal
provisions.
Approach to and strategies in land
management are anchored on
Traditional property rights of individuals
which are covered by the constitutional
mantle of protection, and
Social justice precept enshrined in the
highest law of the land.
To promote social justice, land as property is
placed under State regulation, affecting its
various aspects such as acquisition,
ownership, use, and disposition (Article XIII,
Section I on Social Justice and Human Rights).

Urban Land Reform
and Housing policy thrusts
Urban land reform shall be a long-term and
continuing programme and shall have as its prime
objective the promotion of the common good;
Programme shall focus on the provision of
affordable decent housing, basic services and
adequate employment opportunities to under-
privileged and homeless citizens in urban and
resettlements areas; and
The implementation of the programme shall be
reconciled with the rights of small property owners
which shall be respected. (Article XIII, Section 9 on
Urban Land Reform and Housing Act)
Lands of the public domain are
classified into
Agricultural,
Forest or timber,
Mineral lands, and
National parks.
Agricultural Lands
Only agricultural lands are allowed to be alienated, for
which purpose, the government is mandated to classify
them by legislation.
In the determination of the size of lands of the public
domain which may be acquired, developed, held or
leased, including the appropriate conditions therefore,
the requirements of agrarian reform, conservation,
ecology, and development are directed to be taken into
account. (Article XII, Section 3).
Forest Lands & National Parks
The legislative body is constitutionally
directed to legislate the limits and
boundaries on the ground of forest
lands and national parks. After such
legal prescription, these valuable land
resources shall be conserved and may
only be increased or diminished by the
issuance of another legislation. (Article
XII, Section 4).
Other Land Resources
In the disposition or utilization of other resources, including lands of
the public domain under lease or concession suitable for agriculture,
the State is required whenever applicable, to be guided by the
principles of agrarian reform or stewardship.
Land resources include water, communal marine and fishing
resources - the Constitution likewise covers them and adopts as a
State policy their protection, development and conservation (Article
XIII, Section 7 on Agrarian and Natural Resources Reform).
A. Basic Framework of Land
Management
Land management encompasses various
aspects which interact with and influence
each other.
Land tenure
Land ownership and transfer
Land titling and registration
Land Sub-division

1. Land Tenure
Types of Land Tenure
1. absolute ownership (known also as fee simple or
freehold), and
2. less than absolute, i.e., subject to certain
limitations, qualifications or restrictions.
Examples:
Leasehold - where possession or occupation is with
rental (various terms, time period, and conditions) and
Usufruct - where possession or occupation is without
rental.
2. Land Ownership and Transfer
Ownership of land is a privilege that pertains only to
individuals and corporations or associations legally qualified
to acquire or hold lands of the public domain. Exception:
hereditary succession.
Only natural born citizens of the Philippines may acquire lands
in the country. Exception: Batas Pambansa 80 where former
natural born citizens who have since renounced their Filipino
citizenship may acquire residential lands for as long as they do
not exceed 1000 square meters, or 1 hectare if agricultural
land.
3. Land Titling and Registration
Torrens System, and
System of recording unregistered lands.
Under the Torrens system, land conveyance is
effected through registration in the Registry of
Land Titles and Deeds which has an office in every
city and municipality.
4. Land Sub-Division
The sub-division of titled land may be done
under the
1. Property Registration decree (PD 1529, June
1978) and
2. Subdivision and Condominium Buyers
Protective decree (PD 957, July 1976).
The power to approve subdivision plans was
devolved to cities and municipalities by the
Local Government Code (Art 447, para.2(x),
Article 459, para.2(x)).
Government Land Management
Activities
land use allocation;
land reclassification, acquisition and
disposition; and
land conservation or development,
and
land taxation and regulation.
1. Land Use Allocation
Land use allocation of both
government-held or privately-
owned properties is undertaken
by local government units as
authorized by the Local
government Code of 1991
(Republic Act 7160).
Responsibilities of LGUs
1. Municipalities and component cities shall
adopt a comprehensive land use plan in
coordination with the approved provincial
comprehensive land use plan. In consonance
thereto, they shall also enact integrated
zoning ordinances. (Section 447, para 2 (vii))
2. Highly urbanized and non-component cities
shall adopt a comprehensive land use plan
for the city and enact an integrated zoning
ordinance in consonance thereto.
Land use allocation activities are subject
to the standard setting, review of, and
conflict resolution powers of the Housing
and Land use Regulatory Board (HLURB).
The comprehensive land use plans are
required to be the primary and
dominant bases for the future use of
land resources. The requirements of
food production, human settlements and
industrial expansion shall be considered
in such plan.
2. Land Conversion or Reclassification
Land conversion from agricultural to other uses is
effected through the power of reclassification of lands
by local government units, exercised by passing an
ordinance, after conducting appropriate public
hearings.
19
Land Use Conversion vs Reclassification
Agricultural land use conversion
The undertaking of any development activity which modifies or alters
the physical characteristics of agricultural lands to render them
suitable for non-agricultural purposes with an approved order of
conversion issued exclusively by the Department of Agrarian Reform
DAR)
Reclassification of agricultural lands
The act of specifying how agricultural lands shall be utilized for non-
agricultural uses such as residential, industrial, or commercial through
the local planning and zoning processes pursuant to RA 7160 and
subject to the requirements and procedure for conversion. It is
equivalent to land sub-classification for classified lands of the public
domain and also includes the reversion of non-agricultural lands to
agricultural use
Reclassification shall be allowed only
where the land has ceased to be economically feasible
and sound for agricultural purposes; or
where the land shall have substantially greater
economic value for residential, commercial or
industrial purposes as determined by the local
legislative body concerned.

Agricultural lands already distributed to land reform
beneficiaries under the Comprehensive Agrarian Land
Reform Law are not covered by these provisions. (RA
7160, Sect.20)
21
Maximum Percentage of the Total Agricultural Land
That May Be Reclassified
For highly urbanized and independent component
cities, fifteen percent (15%);
For component cities and first to third class
municipalities, ten percent (10%); and
For fourth to sixth class municipalities, five percent
(5%).
% of total agricultural land area which
may be reclassified by LGU
22
Agricultural lands that should not be reclassified
Agricultural lands distributed to agrarian reform beneficiaries subject to
Section 65 of RA 6557;
Agricultural lands already issued a notice of coverage or voluntarily
offered for coverage under CARP.
Agricultural lands identified under AO 20, s. of 1992, as non-negotiable for
conversion as follows:
All irrigated lands where water is available to support rice and other crop
production;
All irrigated lands where water is not available for rice and other crop
production but within areas programmed for irrigation facility rehabilitation by
DA and National Irrigation Administration (NIA); and
All irrigable lands already covered by irrigation projects with form funding
commitments at the time of the application for land conversion or
reclassification.
Lands which should not be reclassified
23
DAR Officials authorized to approve/
disapprove Conversions
Regional Director for lands NMT 5 hectares
DAR Undersecretary for Legal Affairs for lands
exceeding 5 hectares up to 50 hectares; and
DAR Secretary for lands exceeding 50 hectares.
24
Documentary requirements for Conversion
Certified true copy of the Original or Transfer Certificate
of Title
Location plan with technical description
MARO Certification of no tenants or farmworkers on the
land; and
Zoning Certification of the concerned City/Municipality
that the land is inside the City/ Municipal zone.
25
CARP LAW AND
AGRARIAN REFORM ACT
26

Republic Act No. 8532. An Act Instituting a Comprehensive Agrarian
Reform Program to Promote Social Justice And Industrialization,
Providing the Mechanism for its Implementation, and for Other
Purposes (1988)

Republic Act No. 7881. An Act Amending Certain Provisions of
Republic Act No. 6657 (1995). - amended the section on exemption
from CARP coverage

Republic Act No. 7905. An Act To Strengthen The Implementation
of the Comprehensive Agrarian Reform Program, and for Other
Purposes. (1995) - Created & funded Office of Support Services


AGRARIAN REFORM LAWS
What is CARP?
- the Agrarian Reform Program of the
government for the landless farmers and
farmworkers welfare to directly or collectively
own the lands they till or for the farmworkers to
receive just share of the fruits on the land they
are tilling.
28
Agrarian Reform
refers to the redistribution of lands
to farmers and regular farmworkers who are landless
irrespective of tenurial arrangement
regardless of crops or fruits produced
to lift the economic status of the beneficiaries
and all other arrangement alternatives to the physical
redistribution of lands (production or profit-sharing, labor
administration, distribution of shares of stock)
that will allow just share of fruits of the lands they work on
29
all public and private agricultural lands, regardless
of tenural arrangement and commodity produced,
specifically as follows:
All alienable lands of the public domain devoted or
suitable for agriculture
All lands of the public domain in excess of the limits set
by law
All other lands owned by the Government devoted to
or suitable for agriculture; and
All private lands suitable for agriculture regardless of
agri-products raised
CARP Coverage and Scope
30
Agricultural lands
those lands that are devoted to agricultural activities and
not classified as mineral, forest, residential, commercial
or industrial lands.
Retention limits
Landowner NMT 5 hectares;
Landowner children NMT 3 has. per child
Corporation on lease, management grower
or service contract NMT 1,000 hectares
Foreign individuals on lease, management
grower or service contract NMT 500 has.
31
Children/Dependent Qualifications
At least 15 years old
No land ownership; and
Actually tilling the land or directly managing the farm
Lands exempted from the retention limits
Those covered by PD No. 27 landowners are allowed to
keep the original land retained
Those owned by original homestead grantees or their
compulsory heirs at the time of the CARP approval,
provided there is a continuous cultivation thereof.
32
Lands actually, directly and exclusively used for parks,
wildlife, forest reserves, reforestation, fish sanctuaries and
breeding grounds, watersheds and mangroves
Private lands actually, directly and exclusively used for prawn
farms and fishponds provided they have not been
distributed and Certificate of Land Ownership Award (CLOA)
issued to agrarian reform beneficiaries under the CARP.
Lands exempted from the CARP coverage
(RA 7881)
Lands actually, directly and exclusively used and
found to be necessary for national defense,
school sites and campuses, including
experimental farm stations operated by public or
private schools for educational purposes, seeds
and seedling research and pilot production
center, church sites and convents appurtenant
thereto, mosque sites and Islamic centers
appurtenant thereto, communal burial grounds
and cemeteries, penal colonies and penal farms
actually worked by the inmates, government and
private research and quarantine centers and
All lands with eighteen percent (18%) slope and
over, except those already developed
34
Retention limits in case of marriage
Under the Civil Code
in the absence of an agreement for the judicial separation of
property, spouses who owns conjugal properties may retain a
maximum of five (5) hectares
However, if either or both of them have more than five (5)
hectares from their respective landholdings, it must not exceed
ten (10) hectares
35
Under the Family Code (Effective on August 3,
1988)
Husband owning capital property and/or a wife owning
paraphernal property may retain not more than five (5)
hectares each; provided, a judicial separation of
properties prior to their marriage was executed
In the absence thereof; all properties whether capital,
paraphernal and conjugal shall be considered to be held
in absolute community (ownership relationship is one)
and shall only have a total retention of five (5) hectares
COMPREHENSIVE AGRARIAN
REFORM PROGRAM
EXTENSION WITH
REFORMS (CARPER)
RA 9700 AUGUST 2008
CARPER amends the original agrarian reform
policy
Land distribution program is extended by five years.
Provision for voluntary land transfer is abolished - No
More Voluntary Land Transfer (VLT) after June 30, 2008
Jurisdiction of various departments was clarified, as
was the role of the Supreme Court.
Only the Supreme Court can issue restraining orders
against government agencies in agrarian reform cases.
Stronger oversight is provided by a Congressional
Committee
Creation of a Joint Congressional Oversight
Committee to oversee the implementation of the
law
Clear Policy against Land Conversion of Irrigated
and Irrigable Lands from agriculture to other uses
Gender-Sensitive Agrarian Reform - Specific
mandates to promote and protect the interests of
rural women
Phasing Schedule of Land Acquisition and
Distribution (LAD) To Ensure Completion by June
14, 2014
Encourage Empowerment and Organizing of
Farmer Beneficiaries
Individual Award of Titles to farmers
Ensuring Installation of Farmer Beneficiaries
Indefeasibility of all agrarian reform titles
(indefeasibility - not liable to be annulled or
forfeited)
Recognition of Farmers Legal Standing in all
courts and legal bodies
Improved Budget for Support Services, More
Access to Socialized Credit, Subsidies to New ARBs
Additional Prohibited Acts on Circumvention of
CARP Implementation
Prohibited Acts
The ownership or possession, for the purpose of
circumventing the provisions of this Act, of
agricultural lands in excess of the total retention
limits or award ceilings by any person, natural or
juridical, except those under collective ownership by
farmer-beneficiaries;
The forcible entry or illegal detainer by persons who
are not qualified beneficiaries under this Act to avail
themselves of the rights and benefits of the Agrarian
Reform Program
Any conversion by any landowner of his/her
agricultural' land into any non-agricultural use with
intent to avoid the application of this Act to his/her
landholdings and to dispossess his/her bonafide
tenant farmers:
The malicious and willful prevention or obstruction
by any person, association or entity of the
implementation of the CARP;
The sale, transfer, conveyance or change of the
nature of lands outside of urban centers and city
limits either in whole or in part after the effectivity of
this Act, except after final completion of the
appropriate conversion under Section 65 of Republic
Act No. 6657, as amended. The date of the
registration of the deed of conveyance in the
Register of Deeds with respect to titled lands and the
date of the issuance of the tax declaration to the
transferee of the property with respect to
unregistered lands, as the case may be, shall be
conclusive for the purpose of this Act;
The sale, transfer or conveyance by a beneficiary of
the right to use or any other usufructuary right over
the land he/she acquired by virtue of being a
beneficiary, in order to circumvent the provisions of
this Act;
The unjustified, willful, and malicious act by a
responsible officer or officers of the government
through the following:
The denial of notice and/or reply to landowners;
The deprivation of retention rights;
The undue or inordinate delay in the preparation of claim
folders; or
Any undue delay, refusal or failure in the payment of just
compensation;
The undue delay or unjustified failure of the
DAR, the LBP, the PARC, the PARCCOM, and
any concerned government agency or any
government official or employee to submit the
required report, data and/or other official
document involving the implementation of
the provisions of this Act, as required by the
parties or the government, including the
House of Representatives and the Senate of
the Philippines as well as their respective
committees, and the congressional oversight
committee created herein;
The undue delay in the compliance with the
obligation to certify or attest and/or
falsification of the certification or attestation
as required under Section 7 of Republic Act
No. 6657, as amended; and
Any other culpable neglect or willful violations
of the provisions of this Act.


3. Land Acquisition
To increase the pool of its land resources, the Urban
Development and Housing Act of 1992 (RA 7279) provides
that the modes of acquiring lands shall include
land swapping,
land assembly or consolidation,
land banking,
donation to the Government,
joint-venture agreement,
negotiated purchase, and
expropriation.
Land Swapping
refers to the acquisition by exchanging land for another piece of
land of equal value, or for shares of stock in a government or
quasigovernment corporation whose book value is of equal
value to the land being exchanged, for the purpose of planned
and rational development and the provision for socialized
housing.
land values are determined based on land classification, market
value and assessed value taken from existing tax declarations.
more valuable land owned by private persons may,
however, be exchanged with less valuable lands to carry
out the objectives of RA 7279.
Administrative Code of 1987 (EO 292) empowers the
President to reserve for settlement or public use any of
the lands of the public or private domain
Land Assembly or Consolidation
refers to the acquisition of lots of
varying ownership through
purchase or expropriation, for the
purpose of planned and rational
development and socialized
housing programmes without
individual property restrictions.
Land Banking
acquisition of land at values
based on existing use, in advance
of actual need to promote
planned development and
socialized housing programmes.
Expropriation or eminent domain
Resorted to only after other modes of acquisition shall have
been exhausted, and parcels of lands owned by small
property owners are exempted from expropriation.
Small property owners are defined by the law as those
whose only real property consists of residential lands not
exceeding 300 square meters in highly urbanized cities and
800 square meters in other urban areas. (RA 7279, Section
3, para.q)
Eminent domain may be exercised for public uses or purpose,
or welfare, for the benefit of the poor and the landless, upon
payment of just compensation.
Immediate possession of the property may be effected upon
the deposit with the proper court of at least 15% of the fair
market value of the property based on the current tax
declaration of the property to be expropriated.
The amount to be paid for the property expropriated shall be
determined by the proper court, based on the fair market value
at the time of the taking of the property (RA 7160, Section 19).
4. Land Disposition
Depending on the nature and occupancy status of
the land, the various modes of land disposal used
by the DENR are as follows:
a) Sales Patent. This involves the sale of lands to
individuals, subject to conditions, aimed at
minimizing speculation and encouraging
development. Done through public auction, the
land is awarded to the highest bidder subject to
the condition that the awardee shall enter, break
and cultivate at least 1/5 of the land within 5
years from the date of the award.
b) Homestead Patent. Introduced by the American
colonizers to expedite settlement of the undeveloped areas
in the country, it involves gratuitously conveying to
individuals, parcels of land subject to conditions requiring
residence in and cultivation of the land within a certain
timeframe to ensure its development. Upon the satisfaction
of the conditions, the patent or conveyance eventually
matures into a full title.
c) Free Patent. An administrative process under
the Public Land Act by which titles are
perfected through the awarding of a free
patent. This is intended to benefit those who
could not establish sufficient legal basis for title,
but had occupied the land for the length of time
prescribed by law. This process is available only to
native born Filipinos.
d) Voluntary Confirmation. This
provides an opportunity for those
who have claims to title to present
their case voluntarily before the
courts which do not award the title
but, as the name suggests, merely
confirms it on the basis of the
evidence presented.
e) Compulsory Confirmation. Due to the unsuccessful
orderly conversion of lands with uncertain status (for
various reasons such as ignorance of the law, costs, etc.)
the Cadastral Act was passed in 1913 where the
government declared specific cities or municipalities to be
subject to comprehensive cadastral survey. All lands in the
local government unit were included in the survey and
their claimants identified, in the process.
5. Land Development and its
Regulation
Land development activities are governed by both national
laws and local ordinances.
Policy and standard setting, review of local development
plans and zoning ordinances and resolution of land use
conflicts are vested in a national agency, the Housing and
Land Use Regulatory Board (Executive Order 648).
The preparation of local development plans, land use plans
and zoning ordinances are vested in the cities and
municipalities. Except those for non-component cities and
municipalities and highly urbanized cities, these land use
plans are required to conform with the comprehensive
provincial land use plans.
Cities and municipalities are also authorized, subject to
national laws, to process and approve sub-division plans for
residential, commercial or industrial and other development
purposes. (Article 447, para.2(vii) and Article 458, para.2(vii),
Local Government Code.)
6. Conservation of Lands
Land conservation is as much a part of
land management as land development
and its regulation.
Conservation of lands is effected
through the declaration of parks and
open spaces, green belts and buffer
zones, including the preservation of
historical and cultural landmarks, with
or without improvements.
The Department of Agricultures
Integrated Protected Area
System (IPAS) seeks to protect
prime agricultural lands all over
the country from indiscriminate
conversion to other uses. The
rationale is the need to ensure
food security and to maintain
ecological balance.
THANK YOU