New rules set on privately used but untitled agricultural land
DAR Secretary Virgilio de los Reyes. Photo from www.dar.gov.ph/
MANILA, Philippines—Untitled agricultural lands under private use or occupation are now subject to new guidelines under an administrative order issued jointly by the Department of Agrarian Reform and the Department of Environment and Natural Resources (DENR).
Under the new rules, a person is considered to have acquired a recognizable private right over an untitled landholding if he has continuously occupied and cultivated the land for at least 30 years, Agrarian Reform Secretary Virgilio De Los Reyes said in a press statement issued Thursday.
Other criteria include the classification of the land as “alienable” and “disposable,” payment of real estate tax, and the absence of any adverse claims to the land, he added.
The Department of Agrarian Reform (DAR) is mandated to distribute private agricultural lands, and government-owned lands in proclaimed settlements, while the DENR is responsible for alienable and disposable public lands suitable for agriculture.
De Los Reyes said the objective of the joint administrative order was to define the limits of authority of the DAR and DENR in the coverage of untitled privately claimed agricultural land under the Comprehensive Agrarian Reform Program and its distribution in excess of the applicable titling limit on the ownership of public lands.
Article continues after this advertisementIt also seeks to clarify the procedure in the validation and documentation of vested rights of the landowner-claimant to conduct subdivision survey and disposition of the areas to be retained by DAR for distribution under CARP, and the excess of the applicable titling limit to be retained under DENR’s jurisdiction.
Article continues after this advertisementFinally, the order clarifies the rules and speeds up the disposition by the DAR of untitled privately claimed agricultural lands under the applicable titling limit.
De los Reyes noted that the maximum titling limit of 12 hectares under the Constitution should be observed in the acquisition and disposition of identified untitled privately claimed agricultural lands covered under the Operation Land Transfer program and the CARP.
He said the applicable titling limits of 24 hectares as prescribed under the 1935 and 1973 Constitutions will also be respected provided that the vested rights of the landowner-claimant over the land had accrued during the effectivity of these previous constitutions.
The rules further state that the areas in excess of the applicable titling limit shall be retained under the DENR’s jurisdiction and surveyed as one lot to be designated as public land, De Los Reyes said.
He added that the joint administrative order should not apply to untitled privately agricultural lands already issued certification of deposit prior to its effectivity.
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