2. land management system (lms)-2015-brokers nov28

LAND MANAGEMENT

SYSTEM (LMS)

By Atty. Rey D. Cartojano, REC, REA, REB

DEFINITION

LAND MANAGEMENT is the

process of managing the

use and development of

land resources.

LAND DISTRIBUTION

FOREST LANDS

President Decree No. 705, Series

of 1975 prescribes the

utilization, protection,

rehabilitation and development

of forest lands in order to ensure

the continuity of their

productive condition

FOREST LANDS-DEFINITIONS

Public forest is the mass of lands of the public

domain which has not been the subject of the

present system of classification for the

determination of which lands are needed for

forest purposes and which are not.

Permanent forest or forest reserves refers to

those lands of the public domain which have

been the subject of the present system of

classification and declared as not needed for

forest purposes.


Alienable and disposable lands refer to

those lands of the public domain which

have been the subject of the present

system of classification and declared as

not needed for forest purposes.

Forest lands includes the public forest,

the permanent forest or forest reserves,

and forest reservations.


Grazing land refers to that portion of the

public domain which has been set aside,

in view of the suitability of its

topography and vegetation, for the

raising of livestock.

Forest reservations refer to forest lands

which have been reserved by the

President of the Philippines for any

specific purpose or purposes.

FOREST LANDS-TOPOGRAPHY

No land of the public domain eighteen

per cent (18%) in slope or over shall be

classified as alienable and disposable,

nor any forest land fifty per cent (50%) in

slope or over, as grazing land.

Lands eighteen per cent (18%) in slope or

over which have already been declared

as alienable and disposable shall be

reverted to the classification of forest

FOREST LANDS-TOPOGRAPHY

lands by the Department Head, to form

part of the forest reserves, unless they

are already covered by existing titles or

approved public land application, or

actually occupied openly, continuously,

adversely and publicly for a period of not

less than thirty (30) years as of the

effectivity of this Code, where the

occupant is qualified for a free patent

under the Public Land Act.

FORESTRY PROFESSION ACTThe objective of Republic Act 10690, also

known as the Forestry Profession Act of 2015,

is to develop and nurture competent, globally

competitive professional foresters who observe

the highest standards of excellence.

Signed into law last Oct. 23, RA10690 governs

the examination and licensure of professional

foresters, supervision and regulation of the

practice of forestry in the country, and the

development and upgrade of the curriculum on

forestry education.

CONSTITUTIONAL PROVISIONSArticle XII National Economy & Patrimony

Section 2. All lands of the public domain, waters,

minerals, coal, petroleum, and other mineral oils,

all forces of potential energy, fisheries, forests or

timber, wildlife, flora and fauna, and other

natural resources are owned by the State. With

the exception of agricultural lands, all other

natural resources shall not be alienated. The

exploration, development, and utilization of

natural resources shall be under the full control

and supervision of the State.


Section 2. xxx The State may directly undertake

such activities, or it may enter into co-production,

joint venture, or production-sharing agreements

with Filipino citizens, or corporations or

associations at least 60 per centum of whose

capital is owned by such citizens. Such agreements

may be for a period not exceeding twenty-five

years, renewable for not more than twenty-five

years, and under such terms and conditions as may

provided by law.


Section 3. Lands of the public domain are

classified into agricultural, forest or timber,

mineral lands and national parks. Agricultural

lands of the public domain may be further

classified by law according to the uses to

which they may be devoted. Alienable lands of

the public domain shall be limited to

agricultural lands. xxx


Section 3. xxx Private corporations or associations

may not hold such alienable lands of the public

domain except by lease, for a period not

exceeding twenty-five years, renewable for not

more than twenty-five years, and not to exceed

one thousand hectares in area. Citizens of the

Philippines may lease not more than five hundred

hectares, or acquire not more than twelve

hectares thereof, by purchase, homestead, or

grant.


Section 4. The Congress shall, as soon as possible,

determine, by law, the specific limits of forest

lands and national parks, marking clearly their

boundaries on the ground. Thereafter, such forest

lands and national parks shall be conserved and

may not be increased nor diminished, except by

law. The Congress shall provide for such period as

it may determine, measures to prohibit logging in

endangered forests and watershed areas.


Section 5. The State, subject to the provisions of

this Constitution and national development

policies and programs, shall protect the rights of

indigenous cultural communities to their ancestral

lands to ensure their economic, social, and

cultural well-being.

The Congress may provide for the applicability of

customary laws governing property rights or

relations in determining the ownership and extent

of ancestral domain.


Section 7. Save in cases of hereditary succession,

no private lands shall be transferred or conveyed

except to individuals, corporations, or associations

qualified to acquire or hold lands of the public

domain.

Section 8. Notwithstanding the provisions of

Section 7 of this Article, a natural-born citizen of

the Philippines who has lost his Philippine

citizenship may be a transferee of private lands,

subject to limitations provided by law.

CONSTITUTIONAL PROVISIONSArticle XIII Social Justice & Human Rights

AGRARIAN AND NATURAL RESOURCES REFORM

Section 4. The State shall, by law, undertake

an agrarian reform program founded on the

right of farmers and regular farmworkers who

are landless, to own directly or collectively the

lands they till or, in the case of other

farmworkers, to receive a just share of the

fruits thereof.



Section 4. xxx To this end, the State shall

encourage and undertake the just distribution of

all agricultural lands, subject to such priorities

and reasonable retention limits as the Congress

may prescribe, taking into account ecological,

developmental, or equity considerations, and

subject to the payment of just compensation. In

determining retention limits, the State shall

respect the right of small landowners.



Section 6. The State shall apply the principles

of agrarian reform or stewardship, whenever

applicable in accordance with law, in the

disposition or utilization of other natural

resources, including lands of the public domain

under lease or concession suitable to xxx



Section 6. xxx agriculture, subject to prior

rights, homestead rights of small settlers, and

the rights of indigenous communities to their

ancestral lands. The State may resettle

landless farmers and farmworkers in its own

agricultural estates which shall be distributed

to them in the manner provided by law.


URBAN LAND REFORM AND HOUSING

Section 9. The State shall, by law, and for the

common good, undertake, in cooperation with

the private sector, a continuing program of

urban land reform and housing which will make

available at affordable cost, decent housing

and basic services to under-privileged and

homeless citizens in urban centers and

resettlement areas.

CONSTITUTIONAL PROVISIONArticle XIII Social Justice & Human Rights

URBAN LAND REFORM AND HOUSING

Section 10. Urban or rural poor dwellers shall

not be evicted nor their dwelling demolished,

except in accordance with law and in a just

and humane manner.

No resettlement of urban or rural dwellers

shall be undertaken without adequate

consultation with them and the communities

where they are to be relocated.

LEGISLATIVE ACTSLand Ownership by Filipinos Overseas

Article XII Section 8 of the Constitution provides that a

natural-born citizen of the Philippines who has lost his/her

Philippine citizenship may be a transferee of private lands

subject to limitations provided by law.

The laws on land ownership by Filipinos overseas are

contained in Batas Pambansa Blg. 185 and Republic Act

8179, which amended the Foreign Investment Act of 1991. BP

185 stipulates guidelines on land ownership by former

Filipinos for purposes of establishing residence, while Section

10 of RA 8179 specifies entitlements and conditions for land

acquisition for investment purposes.

LEGISLATIVE ACTSTransferee

The acquisition or transfer of private land refers to either

voluntary or involuntary sale, devise or donation.

Involuntary sale includes sales on tax delinquency,

foreclosures, and executions of judgment.

Qualifications of Former Filipinos

Both laws define former Filipinos as citizens of the

Philippines from birth without having to perform any act

to acquire or perfect their Philippine citizenship, who lost

said Philippine citizenship, and who have the legal

capacity to enter into a contract under Philippine laws.

LEGISLATIVE ACTS

LEGISLATIVE ACTSREPUBLIC ACT NO. 9225, otherwise known as the

Citizenship Retention and Re-Acquisition Act of

2003, states that natural-born Filipinos who became

naturalized citizens of another country can retain

and reacquire their citizenship upon taking oath of

allegiance to the Philippines.

Necessarily because of their Filipino citizenship,

these Filipinos who are dual citizens of another

country enjoy the same rights and privileges to

acquire lands just like any ordinary Filipino.

LEGISLATIVE ACTS

REPUBLIC ACT NO. 7652, otherwise known as

the INVESTORS’ LEASE ACT of 1993 allows

long term lease of private lands by foreign

investors up to 50 years, renewable for 25 years

“INVESTING” means making equity investment

through actual remittance of foreign exchange or

transfer of assets, whether in the form of capital

goods, patents, formulae or technological rights

or processes

LEGISLATIVE ACTS

REPUBLIC ACT NO. 7652

Long term lease of private lands by foreign

for the purpose of establishing industrial estates,

factories, assembly or processing plants, agro-

industrial enterprises and other similar

endeavors.

In case of tourism projects, investments shall not

be less than US$5-million 70% of which shall be

infused within 3 years from signing of lease.

LEGISLATIVE ACTS

AGRARIAN REFORM

Presidential Decree No. 27 placed under

coverage of agrarian reform rice and corn lands

Republic Act No. 6657 placed under agrarian

reform coverage ALL agricultural lands

Republic Act No. 9700 extended the acquisition

and distribution of agricultural lands up to 30

June 2014

LEGISLATIVE ACTS

INDIGENOUS CULTURAL COMMUNITIES

Republic Act No. 8371 otherwise known as “The

Indigenous People’s Rights Act of 1997”.

Since there is a prohibited period to transfer

lands covered under the IPRA law, the best

arrangement for investors will be to enter into a

long term lease with exclusive option to buy the

property.

WHAT IS URBAN LAND REFORM?

Presidential Decree No. 1517 issued on June

11, 1978 is what is known as the Urban Land

Reform Law. It was a piece of legislation that

instituted the Urban Land Reform Program of

the government. Briefly, this program aims to

rationalize — with due process and through

equitable means — the existing pattern of land

use and ownership in urban and urbanizable

areas. As such, it involves the imposition of

certain limitations on the use by the owner of

his property.

WHAT IS URBAN LAND REFORM?

Presidential Decree No. 1517 issued on

June 11, 1978 is what is known as the

Urban Land Reform Law. This program aims

to rationalize — with due process and

through equitable means — the existing

pattern of land use and ownership in urban

and urbanizable areas. As such, it involves

the imposition of certain limitations on the

use by the owner of his property.

IS URBAN LAND REFORM SAME

AS AGRARIAN REFORM?

No. Agrarian reform (AR) involves the

diffusion of land ownership through the

imposition of retention limits for owners

of large tracts of land. It is mandatory in

the sense that the landowner cannot

refuse not to sell the agricultural land in

excess of the retention limit to the

tenants who till the same.


AS AGRARIAN REFORM?In urban land reform (ULR), on the other hand, a

landowner cannot ordinarily be compelled to sell

the land to the tenant. It is only when the land is

expropriated that he or she is forced to sell, but

only after due process. In the event, however,

that a landowner voluntarily decides to sell the

property, the tenant has a pre-emptive right to

buy the property or the “right of first refusal”

before it can be legally sold to another. The law

compels him merely to offer it first to the tenant.


AS AGRARIAN REFORM?

In AR, all agricultural lands are

covered although exemptions may be

applied for. On the other hand, ULR

applies only to selected parcels of

urban land.

IS ‘RIGHT OF FIRST REFUSAL’ AVAILABLE

TO ALL URBAN TENANTS?

No. PD 1517 limited its application to

Urban Land Reform Zones or specific

parcels of land later identified and

proclaimed.

WHAT ARE AREAS FOR PRIORITY

DEVELOPMENT (APDs)?

The term Areas for Priority Development

(APDs) was used in the pertinent decrees

and proclamations interchangeably or

alternatively with the term Urban Land

Reform Zones (ULRZs). They refer to the

244 areas in Metro Manila specifically

described and identified in Proclamation

1967, and other sites later identified and

proclaimed.

HOW MANY APDs/ULRZs SO FAR?There are at present 284 APDs / ULRZs.

In addition to the 244 APDs in Metro Manila under

Proclamation No. 1967 and Dagat-Dagatan, Tondo

under Proclamation No. 2284, nineteen (19) Slum

Improvement and Resettlement (SIR) sites were

included pursuant to Proclamation No. 1810

(Declaring that all sites under the Zonal

Improvement Program (ZIP) and SIR areas shall

become ULRZs upon proclamation by the

President).

HOW MANY APDs/ULRZs SO FAR?These are located in the regional cities of Bacolod,

Cebu, Cagayan de Oro and Davao. Subsequently,

pursuant to the same decree, the National Housing

Authority identified and proclaimed 20 more APD

sites – 19 in Metro Manila and one in Cebu City.

In summary: Number of APDs/ULRZs

By Proclamation No. 1967 – 244



By NHA Approval – 20 Total – 284

WHAT IS THE SIGNIFICANCE OF A PARCEL

OF LAND’S WITHIN AN APD/ULRZs?

Within an APD/ULRZ:

Legitimate tenants who have resided on the land

for ten years or more who have built their homes

on the land, and residents who have legally

occupied the lands by contract, continuously for

the last ten years shall not be dispossessed of the

land and shall be allowed the right of first refusal

to purchase the same within a reasonable time and

at reasonable prices.



No urban land can be disposed of or used

or constructed on unless its disposition or

use conforms with the development and

zoning plans. This is implemented through

the requirement of development use

permit or locational clearance for projects

within these areas.



In cases where the tenants and residents

are unable to purchase the said lands, the

government may acquire the same by

expropriation or other land acquisition

techniques in accordance with the policies

of existing laws.

MAY APARTMENT DWELLERS INVOKE THE

‘RIGHT OF FIRST REFUSAL’?

No. The law is explicit that it applies

only to urban land.

HOW DO WE KNOW IF YOUR LAND IS

WITHIN AN APD OR ULRZ?

HLURB prepared books of detailed maps and land use

plans for 245 APD sites declared under Proclamation

1967 and 2284 and has condensed this to a Locational

Reference Handbook which is available to the public.

This handbook presents the physical location of the

sites though maps in relation to their immediate

vicinity and provides the precise location and

complete boundary description. If necessary, HLURB

also issues a certification whether or not a piece of

property is within or outside of an APD.

Did the Urban Development and Housing

Act of 1992 (Republic Act No. 7279)

repeal the Urban Land Reform Law?

No. UDHA is actually more expansive than the ULR law.

As to Coverage:

PD 1517: Limited to areas proclaimed

RA 7279: All lands in urban and urbanizable

areas, including existing areas for priority development

sites, and in other areas that may be identified by the local

government units as suitable for socialized housing.

http://hlurb.gov.ph/wp_super_faq/did-the-urban-development-and-housing-act-of-1992-republic-act-no-7279-repeal-the-urban-land-reform-law/

As to Thrust

PD 1517: Land tenancy protected, with land purchase and

expropriation only as an incident thereof

RA 7279 : Socialized Housing as primary strategy for

providing shelter to put an end to tenancy status





As to Beneficiaries:

PD 1517: Legitimate tenants

RA 7279: Underprivileged and homeless citizen, must not

own any real property, not a professional squatter or a

member of squatting syndicates;–must be actual occupants

to avail of right of first refusal if property is government-

owned or acquired.





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