Strategies and Approaches To Sustainable PDF

Strategies and approaches for sustainable public land
management in the Philippines: A review of the Philippine

Public Land Management policies and implementation issues
(Draft Final Report)
Submitted by
Elmer Mercado, EnP

National Technical Advisor
Public Land Management
Land Administration and Management Project 2

Department of Environment and Natural Resources
Quezon City
June 2010
Public Land Management Sector Draft Final Report i

Land Sector Development Framework
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TABLE OF CONTENTS
1.0 Rationale and Scope
2.0 Methodology and Approach
3.0 Thematic Area Situational Analysis
Issues
Current Status
Trends (if any, Philippines / International)
4.0 Key Policy Statements and Strategies
Statement
Strategy
5.0 Conclusion
6.0 References and Annexes
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1.0 Rational and Scope
1.1 Rationale
The implementation of a long-term (15-20 year) program dedicated to achieving LAM

reform in the Philippines is a critical element of the land sector’s role in contributing to the
country’s national goals of reducing poverty and enhancing economic growth. Such role for the
land sector can be achieved through improving security of land tenure and promoting
investments in urban and rural areas in the Philippines. In order to achieve this goal, there is a
need for a vision statement and a long-term goal for the LAM sector and to develop the
following:
· Clear, coherent and consistent set of land administration policies and laws
· Accelerated programs to formally recognize the rights of eligible land holders and
to have them recorded in a strengthened land administration system
· Efficient land administration system operating throughout the Philippines in accord
with Government policy and responsive to the needs of the people
· Effective and transparent land valuation system, in line with internationally
accepted standards, that serves the needs of all levels of government and the private
sector
· Well functioning land market operating in both urban and rural areas
The Government of the Philippines (GOP) has recognized the need for wide range
reforms in the land sector. Without these reforms in the land administration and management
sector, the Philippines have limited prospects for attracting investments, realizing strong
economic growth and development and the reduction of poverty. To achieve this reform it needs
to be guided by an overall land sector strategic development framework (LSDF) that shall serve
as a guide to the future direction and development vision of the country’s land sector. The
LSDF shall also serve as key input to the formulation and development of the country’s new
medium-term development plans (2010-2016).
A major component of the LSDF is the management of public lands and the attendant
issues and concern affecting its effective use, management and benefits sharing specially in the
context of increasing pressure and demand for land by an increasing population, escalating
energy and production needs and rapidly decreasing land-based resources. The development of
the framework for public land management will focus on the scoping of issues and options
associated with the management of government lands which include, inter alia, forest lands and
its sub-uses such as grazing/pasture lands, protected areas, patrimonial properties covering
patrimonial lands and friar lands, foreshore areas including reclaimed lands.
Special attention is also to be attached to: (i) the social, economic and environment
opportunities and constraints posed by various land management options with particular focus
on indigenous persons and vulnerable groups specially women; (ii) inter-governmental
jurisdiction and shared responsibilities among and between national government agencies and
local government units (LGUs); (iii) governance and institutional structures/arrangements; (iv)
on-site management mechanisms and apparatuses; and, (v) individual, communal and private
grants of tenurial rights, claims, access and use privileges.
1.2 Scope
The coverage of this study shall cover government or public lands that are directly
managed by the State, but specifically under the jurisdiction and mandate of the Department of
Environment and Natural Resources (DENR), as provided for by existing laws, particularly the
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Public Land Act of 1934 (CA 141) and Presidential Decree 705 (Revised Forestry Code). In this
context, public land covers all lands in the country based on the ‘regalian doctrine’ which has
not yet been disposed by the state or privately titled to individuals, corporations or groups.
Government lands, on the other hand, shall be titled private lands that are owned by the
Republic of the Philippines or other government entities such as government corporations or
financial institutions.
The scope of this component covers only those under the direct management and
responsibility of the DENR as the primary steward of public lands as provided for under EO
1921. It is also based on earlier discussions and clarifications in the course of the preparation for
the LSDF and from decisions made by the DENR. In this case, the definition of public land
management shall also cover those that pertain to allocation of rights, claims, tenure, over its
use, disposition and management.
The physical scope and coverage of the public land management component, though,
shall only cover public lands that are classified as forest lands and its sub-uses including grazing
lands, foreshore lands including reclaimed lands, patrimonial and friar lands, and protected
areas.
Aside from these coverage areas, thematic issues concerning indigenous peoples
(including ancestral land claims) and marginal sectors such as women, climate change, and land
use planning/management, and land classification/reclassification shall serve as cross-cutting
issues that would be considered in the discussions on the four-coverage areas under public land
management.
2.0 Methodology and Approach
2.1 Approach
The approaches for the component’s study follows the basic strategy outlined in the
LSDF Visioning Workshop and Scoping Study for the Long-term Development Plan (LTDP)
under LAMP1. They are:
· Multi-stakeholder consensus building on the LAM vision and strategic

directions
· Thematic Groups
· Island Regional Consultations on the Draft LTDP
· National Consolidation of the LTDP
The component similarly adopted these basic strategies in its approaches and later on
translated in the methodology. However, these strategies were adapted to the specific scope and
coverage as defined under Section 1.0. Central to the component approach is the principle of
stakeholder consultation and participation in key steps of the study from identification of issues
and recommendations and validation of emerging key policy statements and strategies for the
component.
Similarly, the public land management component was also divided by thematic areas,
namely, forest lands (including grazing/pasture lands), patrimonial lands and reservations,
foreshore and coastal lands (including reclaimed areas), and protected areas. But beyond these
thematic areas under the public land management component, several cross-cutting issues were
1
Executive Order 192 (EO 192) issued under the 1987 “Freedom” Constitution that reorganised the
institutional scope and organisation mandates of the Department of Environment and Natural Resources
(DENR).
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also covered, i.e. IPs, climate change, land use management, social development and gender,
and alternative dispute resolution (ADR), among others.
National and regional consultations in the component are linked to the regional and
national stakeholders’ consultations for the LSDF.
2.2 Methodology
To operationalise the approaches identified in Section 2.1, the component used the
following as key methodologies:
a) Field-based thematic stakeholders’ consultation and sectoral discussions – Central to the

component’s methodology was its direct interaction with specific stakeholders (i.e. beneficiaries
and implementors) of the thematic areas under public land management. Four (4) thematic
stakeholder discussions were held from March-April 2010 in Davao, Bukidnon/Cagayan de
Oro, Cebu and Batangas City. Participants to these discussions came from farmer-beneficiaries,
IPs, FP applicants, private sector groups, foreshore lease and grazing/pasture leaseholders,
reclamation area proponents, etc. Separate discussion were also held for field implementors at
the Cenro and PENRO offices of the DENR’s forestry, protected areas and land management
sector offices, local government officials and staff, private sector representatives and other
LAM national government agency representatives.
b) Key informants interview were conducted on key representatives of the lead LAM
implementing agencies that have mandate and jurisdiction over specific public land areas. These
include the DENR’s Forest Management Bureau (FMB), Protected Areas and Wildlife Bureau
(PAWB), Philippine Reclamation Authority (PRA), Land Management Bureau (LMB), Policy
and Planning Division, National Commission on Indigenous Peoples (NCIP), Cebu South
Reclamation Projects (SRP), local government unit representatives, regional and provincial field
implementors of the DENR, NCIP, DoF-PMO, etc.
c) Review and adaptation of lessons learned from LAMP2 and ISF – part and parcel of the
inputs to the component’s review are the lessons learned and experiences generated from
LAMP2 and ISF pilot projects, specifically those that relates to interaction and engagement of
public land management policies with private lands policy. This include lessons on LGU-led
and direct LGU administration of titling procedures and surveys and delivery of LAM services.
Separate interviews with key LGU representatives (i.e. Island Garden City of Samal, Cebu and
Mandaue City and Batangas Province LGU) were also conducted to complement lessons
learned as well as identify issues on land use and public land management areas. Other materials
utilised by the component were the LAMP1 studies on public land management and issues
contained in the Scoping Study Mission Report for LTDP. These materials are complimented
by the primary and secondary data field data from the different DENR agencies and policy
documents/studies conducted by other donor projects and agencies related to public land areas
and uses, i.e. protected areas, forest, foreshore and coastal management, local planning issues.
d) Technical leadership and supervision of Public Land Thematic Working Group (TWG)- The
thematic technical working group (TWG) for public land management supervised and managed
the whole process of the public land component study. It directly conducted and facilitated field
consultations and discussions on the issues and proposed strategies for the component.
2.3 Public Land Management (PLM) Analytical Framework
The PLM strategic framework (see Figure 1.0) is directly linked to the over-all LSDF.
Its analytical framework shall cover three (3) core management arrangements --- on-site
management, governance and institutional arrangements (including inter-governmental
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jurisdiction and administrative mechanisms); and use rights and beneficial access (including
individual, community and public/private tenure rights/claims/privileges).
These 3 shall serve as the basis of analysis for the review of issues and challenges
facing public land management in the country as well as the identification of strategic
recommendations and actions for the LSDF.
2.4 Key Legislative and Enabling Policy Framework in Public Land Management
The major policy enabling environment affecting public land management in the
country is contained under CA 141 or the Public Land Act of 1936. Whilst there have been
specific amendments to the 70-year old Public Land Act, it remains to this day the over-arching
enabling law for public land management. Together with Acts 3030 and 3038, dealing with the
disposition of government-owned private lands or patrimonial property, the country’s public
land management laws are more than 75 years old. Likewise, most of these enabling public
land policies were focused on the disposition, either through sale, lease or free patents, of public
lands at a time when public lands were largely undeveloped and under populated.
More than a dozen major national laws (see Table 1.0 in Annexes) that have direct
impact on public land management have been enacted since the Public Land Act. The context
by which these public land laws and its premises, i.e. land disposition to individual citizens, is
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now more burdensome with the increased demand for scarce but productive land resources and
settlements for a burgeoning population.2
Other relevant laws on public land management or affecting public land management
are the Acts 3030 and 3038 for disposition of government owned lands and friar lands, Forestry
Code (PD705), National Integrated Protected Area Systems (NIPAS) Act (RA 7586),
Indigenous People’s Rights Act (RA 8371), Fisheries Code of 1999 (RA8550), Local
Government Code of 1990 (RA7160), Comprehensive Agrarian Reform Law (RA 6657) and its
subsequent amendments.
Similar to the Public Land Act, these relatively later laws imposing management
regimes for specific public land sectors, i.e. forest lands, foreshore/coastal areas, protected
areas, have either been overtaken by new land management-related laws or overlapped with
existing ones. This is particularly true for forest lands, which is basically covers 50% of the
country’s land area of 30 million hectares and almost all of the classified public lands under
state management.3 The passage of several laws, i.e. NIPAs and IPRA laws, pertaining to forest
lands resulted to conflicts in effectively managing of the country’s forest lands.(Carangdang,
FAO 2005).
Such confusion and conflicting policies on public land management stems from the
government’s desire of “accommodating demands for urban development and satisfying needs
for development and protection in rural areas.”(WB, 1998). This leads to policy uncertainties in
land allocations of the public domain for agriculture, environmental protection, urban
development and other sectors.
The latest law affecting public land management is the Free Patent for Residential
Lands Act (RA 10023) that grants free patents to untitled public lands in residential areas which
became law in March 2010. Table 1.0 in the Annexes shows the relevant laws and departmental
orders and guidelines implementing public land management in the country.
3.0 Thematic Areas Situational Analysis
3.1. Overview of Current Public Land Management Situation
The current situation in public land management in the Philippines remains as complex
and complicated by the myriad of specific land policies issued over the last 70 years that has
had no significant change from the conditions by which the Informal Policy Note on Land
Management and Administration was prepared in June 1998 by the World Bank. The Public
Land Act (CA 141) remains the national policy framework on managing the country’s public
lands. Along with the Revised Forestry Code of 1976 (PD705), these key public land policies
have not only been updated in more than three decades but moreso it is not directly attuned to
current and future needs of the country.
The confusion in country’s policy is translated into the conflicting on-site management
arrangements for public lands. Inter-governmental and intra-governmental conflicts in
jurisdiction, role responsibility and accountability over public land management between and
2
When CA 141 was made into law in 1936, the estimated population of the Philippines was around 20
million with estimated land areas of 30 million hectares. Today, the Philippine population is estimated at
90 million people and expected to increase to 110 million by 2020.
3
Bureau of Lands estimated that the total land areas classified as forest lands is 15 million hectares and
14.1 hectares as alienable and disposable while the remaining 800,000 hectares are unclassified public
lands.
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among national government agencies and LGUs mirrors what has been earlier identified as the
overlapping, fragmented and uncoordinated land resources management structures.
Different and conflicting tenurial instruments use rights, agreements and mode of public
land disposition have resulted to contested claims and rights as well as virtually ineffectiveness
of whatever intended on-site management regimes of public lands. Table 2.0 shows the number
of tenurial instruments and agreements covering public lands issued by different national
agencies. Likewise, settlement intrusions and illegal developments in forest lands, foreshore
areas, grazing/pasture lands, and even, protected areas have rendered ineffective these mandated
on-site management regimes and institutions making most of the country’s public lands “open
access” areas. These forest policy and operational management failures are considered to have
caused the continued decline of the country’s forest covers and the resultant decline biodiversity
and forest ecosystems services and contribution to poverty in the uplands.(AccBIO, 2009).
Table 2.0 Number of tenurial instruments/agreements covering public lands.

Type of Agreements # of # of hectares Estimated #
agreements/ covered/ of
titles issued distributed beneficiaries
a. Forest lands4 15,854,9225
- Community Based Forest Management 1,783 1, 622, 898 321,638
Agreement (as of March 2010)
- IFMA/ITPLA (as of December 2009) 152 798, 051
- Forest Land Grazing Management 383 103,915
Agreement (as of December 2009)
- Socialised Industrial Forest Management 1,810 35,918
Agreement (as of December 2009)
- Timber License Agreements (as of 2009) 6 325,000
b. Foreshore Lease Agreements (as of 2005)6 650 5,592
c. Protected Areas (as of June 2010)7 166 3,966,250
- PACBRMA 22,065
d. Mineral Production Sharing Agreements 294 456,301
(MPSA)8
e. CADC/CADT (as of January 2010)9 7.7 million10 4,210,586 919,332
- CADCs 154 4,196,501 911,369
- CALTs 241 14,085
f. Public Lands under CARP (as of December 2,889,339 1,913,049
2007)11
- Public A&D Lands 1,683,40612 1,846,705 1,683,406
13
- ISF/CBFM Areas 1,042,634
Source: Various references (see footnotes below)
4
Data obtained from Forest Management Bureau (LMB), March 2010
5
Data obtained from UNDP Sectoral Framework Plans Volume VI-Land Resources Management, 2007.
6
Data obtained from Land Management Bureau (LMB), March 2010.
7
Data obtained from Protected Areas Management Bureau (PAWB), March 2010. This only covers
terrestrial PAs.
8
Data obtained from Mines and Geosciences Bureau (MGB), March 2010.
9
Data obtained from National Commission for Indigenous Peoples (NCIP), March 2010.
10
Estimated total area under IP claims
11
Data obtained from Presidential Agrarian Reform Council Secretariat, “CARP at 20 Report”, June
2009.
12
Total area of registered FPs/HPs by Land Registration Authority (LRA), comprising 90% of public
A&D lands distributed by DENR
13
The coverage of ISF/CBFM areas under CARP was completed in 2000.
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In a recent report submitted by the DENR to the National Commission on Climate
Change, around 10.3 million hectares of the country’s estimated 15.8 million hectares of public
lands that are classified as forestlands are covered by around 8,331 tenurial management
arrangements leaving about 5.5 million hectares without any form of tenurial arrangements or
“open access”14 . However, forest resource use practices continue even in the two-thirds of the
country’s forestlands covered by tenurial instruments (ACCBio-DENR, 27 November 2009).
At the ground level, a good number of existing public land tenure instruments and
leases covering forest lands, grazing/pasture lands, patrimonial properties, foreshore areas and
reclamation areas, will require a more wholistic and rational use and maximisation of these
public lands and redirecting its utilisation and disposition for more strategic, if not, immediate
needs for institutional, educational, agrarian reform, housing, and social uses.
Similarly, there remain more than a dozen national agencies that have mandated
responsibilities and powers, including issuance of tenurial instruments, on public land
management. These include the DENR, DAR, DA, NCIP, Department of Energy (DoE),
National Water Resources Board, Department of Justice (DoJ), Philippine Reclamation
Authority (PRA), Housing Land Use Regulatory Board (HLURB), Housing and Urban
Development Coordinating Council (HUDCC), among others.
Finally, the absence of a clear and wholistic national public land management policy
framework for the Philippines that identifies the country’s national objectives, priorities and
future uses places the sustainability and viability of country’s lands uncertain. The virtual
“open access” of existing public lands makes the remaining public land vulnerable to further
deterioration, if not dissipation, especially with the threats of global warming and erratic
climatic conditions such as El Nino/La Nina, extreme rainfalls, extensive flooding and abnormal
high temperature. .
3.2 Trends
a. New laws affecting public land management
On the other hand, several national and global developments present opportunities to
pursue a more systematic, rational and appropriate national land policy framework for the
Philippines. These include the passage of the Philippine Climate Change Act (RA 9729) and the
Residential Free Patent Act (RA 10023). RA 9729 provides the formulation of a National
Climate Change Action Plan that would try to present mitigating and adaptation measures that
would be implemented by the country to address the impact of climate change. A major area of
the NCCAP measures addresses land resources utilisation and management, including
sustainable forest managements, coastal/foreshore land management, urbanisation, disaster risk
reduction and settlements development. All of these measures would greatly deal with
managing private and public land resources.
The residential free patent law, likewise, would provide opportunities for placing under
the formal system large areas of untitled residential public lands. It is expected to benefit around
5 million households who reside in untenured lands over the last ten years. The free patent law
on residential lands would accelerate land titling and improve local land markets and improve
local revenue collections from real property tax payments from these soon-to-be titled lands.
Another major land-related policy affecting public land management is the approval
into law (RA 9700) of the extension of the Comprehensive Agrarian Reform Programme
14
“Forestry Sector Adaptation to Climate Change” (unpublished report), ACCBio-DENR, Quezon City,
p.7, 27 November 2009.
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(CARP) for another five (5) years and extending its coverage to another 1.5 million hectares of
private and public lands. This new law shall affect the disposition of existing public lands
suitable for agriculture as well as “contentious” private land that has remained undistributed
under the previous law. The new law provides possibilities of further conflict on existing land
arrangements in both public and private lands. In the case of public lands, over 4.1 million
hectares or 90% of the available public lands have been distributed under the previous law.
However, remaining public lands to be covered under the CARPer law have yet to be identified.
b. Increasing development pressure on limited land resources and climate change impact and
vulnerabilities
Similarly, a growing national focus on land management and land resources and its role
in the country’s long-term economic development gains stronger currency with the preparation
of a new Philippine medium-term development plan 2011-2016 that is being prepared in time
for the new administration. The new Philippine MTDP would provide opportunity to highlight
the strong need for the country to effectively manage its remaining public land resources
especially with the expected growth in population, settlements, agrarian reform, energy,
domestic water use and food production. It will also require the country to identify a more
robust management structure and regime to manage its remaining natural resources, especially
forest lands, coastal and protected areas, as the impacts of global climate change become more
intense and severely felt by the country.
The contribution of poor land resources use and management to climate change and the
subsequent effect of climate change on land resources, i.e. landslides, rapid erosion and
subsidence, severe flooding and extreme temperature rises, affect the productivity, sustainability
and viability of country’s land resources. This is further exacerbated by the continuing
development pressure on land resources to satisfy the unabated increase in the country’s
population.
c. Best practices and progressive innovations of co-management and partnerships in public

land management
Likewise, best practices and lessons learned at local level public land management, i.e.
community-based forest management, coastal resource management and LGU-led LAM
services (e.g. ISF pilot LGUs and LAMP2 pilots) , among others have showed that giving local
authorities and communities equal responsibilities and authorities over nationally-mandated
resource management functions under a co-management framework works at the local levels.
Joint Memorandum Circular No. 1 between DILG and DENR on co-management of communal
forests issued in 2001 provided a strong backbone to improving forest resource management
under LGU jurisdictions.
Under a co-management arrangement, LGUs and local communities are given more
expansive authorities and responsibilities over the management of local forest resources within
their localities including issuance of specific tenurial instruments and permitting powers as well
as protection and rehabilitation responsibilities while the DENR provides technical supervision
and guidance to the LGUs and local communities. 15 Other co-management types of
institutional arrangements are in coastal resource management and protection, protected area
and biodiversity management. The experiences of the LAMP2 ISF pilot LGUs that showed
innovations and potential of both LGU-led and LGU-management LAM service delivery are
15
Some of the LGUs who have entered co-management agreements on their forest lands are Nueva
Vizcaya, Quirino, Bukidnon, Saranggani, South Cotabato and Bohol provinces; the cities of Davao,
Samal, Puerto Princesa, Bayawan and Surigao; and municipalities of Wao, Nabunturan, Alabel,
Kalamansig, etc.,
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critical inputs on the development of a strategic national land policy framework as well as on-
site land management arrangements, particularly LGU-led LAM service delivery, co-
management in foreshore/forestry/coastal areas, and local public-private sector land
management partnerships.
3.3. Major Issues and Challenges
a. Outdated, outmoded, conflicting and inappropriate public land policies, institutional and
management regime.
One of the most critical and pervasive issue in the country’s land administration and
management system is it’s outmoded and outdate land policies. As mentioned earlier, the
country’s main public land policy framework remains based on the 1936 Public Land Act (CA
141) that was formulated when the country’s land resources and assets were largely
undeveloped and untapped by its 20 million population. This policy was premised on putting the
vast land resources of the country into economic and productive use through disposition and
asset exploitation. Thus the primary management of lands was its distribution of large tracts of
lands to individuals for agriculture use. This policy framework remains today despite the
continued exploitation and degradation of the country’s land resources and the drastic increase
in the country’s population to over 90 million.
A total of twenty (20) public land related laws govern the various subsectors of the
country’s public lands. These policies operate on different tenurial, institutional and
implementation arrangements and mechanisms that target specific beneficiaries and
stakeholders.
These results to the various types of tenurial and management instruments entered by
the government with different individuals, groups and private entities that overlaps and in many
cases conflicts with individual and communal lands claims recognised by new social justice
laws. These conflicting instruments and claims are reflected in the overlaps of forestry
management tenurial instruments issued to individuals and corporate entities (e.g.
grazing/pasture lease agreements, CBMFA/IFMAs, etc.) with ancestral domain claims of IPs
under the IPRA law. This is further aggravated with the absence of an integrated, accessible,
updated, transparent and unified land information data-base and management system that
records and collects all types and forms of uses, arrangements, tenurial systems, and claims over
public lands.
b. Absence of an appropriate and strategic land management policy framework
A critical issue of public land management is the determination of its future use and the
application of its appropriate economic, development, social, ecological, cultural and intrinsic
value to the country. The enabling policy on land management such as the Public Land Act
(CA 141) and Revised Forestry Code (PD705) focused on its economic and productive uses
primarily in the direct exploitation and utilisation of specific products and goods from public
lands, i.e. timber, crops, wildlife, etc. and rent-seeking benefits from the land without any
significant inputs or development cost from the state.16
But such rent-seeking policy has been overlaid with new social justice and sustainable
development-oriented policies (i.e. NIPAs, IPRA, Clean Water, FPA, etc.) that responded to
16
Over time, the economic and revenue contribution of public land resources and assets to the country’s
economic development have dwindled and became miniscule over the last ten years. For example, 1950-
1960’s forest and timber products contributed almost ____% to the country’s gross domestic product
(GDP). By 1980s a high of
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increased demands for tenurial claims and rights of existing resource users and dwellers as well
as protection of future rights, needs and uses by succeeding generations. Likewise, recent
environment policies and laws legislated in the last two decades are directed towards more
conservation and preservation of the country’s limited natural resources due to overexploitation
and abuses. These presents a confused and contradicting land management framework that
remains committed to the exploitation and utilisation of the remaining public land resources on
the one hand whilst trying to overturn the long-term effects of these exploitation and utilisation
policies with conservation, rehabilitation and recovery policies, on the other.
The growing intensity of natural and man-made disasters arising from poor and
ineffective management of public lands and threats of climate change further demands the
critical need for a more definitive and determined national land management policy that would
not only sufficiently and sustainably address and balance the existing needs and uses of public
lands but more importantly maintain and sustain its support to future needs and uses of the
country’s and Filipino people’s development demands and needs.
On the other hand, government agencies, particularly the DENR, are unable to fully
maximise the revenue and economic potential of public lands especially patrimonial and
government lands under their management because of the absence of an appropriate valuation
method to assess and value public land and its resources beyond traditional economic values
such as biodiversity, water, energy, social, cultural and intrinsic values. This is the same
problem in the determination of appropriate fees and charges for disposition and tenure
agreements over forest lands, foreshore lands, reclamation and protected areas. These results to
limited revenues generated from public land lease and management contracts/agreements and in
many cases non-collection of appropriate fees and charges because of unresolved valuation and
assessments. More importantly, national government agencies lack the technical capacity and
experience to fully maximise the economic development and market potential of these
properties and assets.
c. Ineffective on-site public land management and implementation arrangements.
The overlaps in jurisdiction and tenurial instruments for managing public lands are also
reflected in the overlaps over the type of on-site management arrangements over public lands
between and among national government agencies. At the same time, such on-site
arrangements also generate confusion and conflicts with local authorities, local development
objectives and priorities. This is particularly true over forest, protected areas and foreshore
management arrangements.
Whilst the DENR has over-all management authority and jurisdiction over these public
lands, enforcement of protection policies and violations have to be coursed through LGUs.
LGUs have very limited or no interest over to implement environmental laws because of limited
resources or no direct benefits are derived from such functions or service.
Similarly, national agencies have limited capabilities and human resources to strictly
enforce and effectively monitor management policies of formal resource management
agreements over public lands entered with individual corporate partners such as forestry, pasture
and foreshore agreements.
d. Increased population pressure and demands for the utilisation and exploitation of public
lands for economic, production and settlement needs rather than biodiversity conservation,
protection, preservation and rehabilitation.
– denr; increasing population pressure and settlements (estimated 20 million people, 500 LGUs
are considered upland areas),
- conservation, regulation –conflicting mandates; regulatory, developmental and conservation;
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e. Social development and gender issues
One of the most pressing social issues arising from existing public land management is
the overlapping claims of IPs covering public lands. According to the NCIP, around 7.7 million
hectares of the country’s land area have already been claimed by IPs that would cover forest
lands, pasture areas, foreshore lands and protected areas with existing lease or management
agreements with individuals, community groups and private sector entities. Renewal of these
agreements will require contract holders to obtain “free and prior informed consent” (FPIC) of
local IP claimants before any new agreement is entered into by the government. This issue is
aside from the settlement of the IP CADT and CALT claims within public lands and the
determination of appropriate management arrangements over these IP claimed areas.
Another issue will be the continuing intrusion of illegal settler into public lands over the
last two decades. The DENR estimates that around 20 million people are residing in the uplands
covering around 500 LGUs in the country. The continued increase of population in the uplands
exerts extreme pressure for economic, production and settlement issues viz. biodiversity,
conservation and protection of public lands and resources. The absence of effective monitoring
and capacity of DENR to police entry into public lands have also resulted to the conversion of
public lands, especially forestlands and foreshore areas, into agricultural areas and
establishment of formal settlement areas.
4.0 Strategic Policy Statements and Strategies
Based on the issues and expected demands of the country for land resources and its uses
in the next 20 years, the following are the proposed strategic policy statements that shall serve
as the long-term agenda for the public land management in the country. Table 3 in the Annexes
and Resources Section presents a detailed identification and matrix of the issues on the
consolidated public management statement and strategies.
Policy Statements: Public Land Management

Policy 1. Adoption of a sustainable land management strategy that focuses on biodiversity
conservation, preservation, rehabilitation and sustainable use of the country’s land
resources as one of the highest development priority in the country’s future national
development agenda and sustainable development.
Policy 2. Optimization of disposable public and government land assets and resources based
on best uses, economic return, environment and/or social development objectives.
Policy 3. Devolution and decentralisation of public land management;
a. Adoption of a sustainable land management strategy that focuses on biodiversity

conservation, preservation, rehabilitation and sustainable use of the country’s forestlands as
one of the highest development priority in the country’s national development agenda and
sustainable development.
The country’s existing national public land policies, CA 141-Public Land Act, and
PD705 – Revised Forestry Code, were focused on resource extraction and utilisation based on
the premise that the country’s land and natural resources such as forest resources were
inexhaustible and the country’s population was at a very manageable level. However, more than
half a century later, these policies are unable to respond to the increasing development demands
of the economy and its population that have geometrically increased whilst the country’s land
and natural resources have dwindled to less than 10 percent of its previous state. Subsequently,
impacts of growing urbanisation and climate change as well as the expected doubling of the
country’s current population of 90 million by 2030 urgently demands a very strong, responsive
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and forward looking mindset that would ensure the sustained use and benefits of the country’s
natural resources for basic survival and improvement of its quality of life.
The strategic land management policy for the country for the next 25 years shall be
focused on the conservation, preservation, rehabilitation and sustainable use of the land
resources that shall satisfy and sustain the country’s long-term needs for climate change
adaptation and mitigation, ecological balance, biodiversity conservation, land conservation, and
natural resource needs/use for water, alternative and renewal energy, cultural and social
purposes.
Conservation, preservation, rehabilitation and sustainable use of the country’s land

resources, especially its forestlands (i.e. protection and production), shall be given the highest
development priority, including resource support from both public and private sources, among
all other national and local development priorities and plans. The economic contribution of
public lands shall be generated from revenues generated from the environment services and uses
derived from the country’s public land and resources rather than from traditional resource
extraction and raw material utilisation activities.
The national land policy is directly linked to the acceleration and completion of the
determination of the country’s final forest line and land classification/reclassification of the
country’s public lands as mandated by the 1987 Constitution and as part and parcel of the
country’s National Climate Change Adaptation Plan under RA 9729 of the Philippine Climate
Change Act of 2009.
· Acceleration and completion of the determination and delineation of public lands (i.e. forest lands
delineation) for protection, preservation, conservation, rehabilitation, protection and future bio-
diversity uses/value and release/disposition of remaining disposable lands (Medium)
The on-going delineation and assessment of the country’s forestlands (being conducted by
the Forest Management Bureau) is a critical step towards the effective management of the
country’s public land. Such delineation shall cover not only the physical determination of the
extent of the country’s forests cover but also the present uses of presently classified forest lands.
This delineation will result to a carving out of the actual forest cover as well as the required
forestlands that will be necessary to sustain and satisfy future demands for water, energy,
biodiversity, medicine, cultural, tourism, and shelter needs. The delineation of the country’s forest
land is a constitutionally mandated act as well as a technical imperative that would lay the
foundation for the classification and reclassification of the country’s public lands and disposition of
erstwhile forestlands but already used as settlements, agricultural and/or non-forest uses.
· Acceleration and completion of the country’s land classification and reclassification of all public
lands (Long-term)
The completion and updating of the classification and reclassification of the country’s
public lands is the main policy enabling action needed to operationalise the national strategic
land policy. It is the subsequent legislative action needed to operationalise and formally establish
the outcomes of the delineation of the country’s forestland and final forest line.
The updating and completion of land classification/reclassification of lands, specially,

shall cover lands that shall be included in the identified forest line of the country and forestlands
that would be released and disposed as alienable and disposable (A&D). The identification of
these new forest lands that would comprise the new public lands under the DENR’s management
and released lands that would be under LGUs shall expand and enhance the type of lands and use
under the LGU’s comprehensive land use management and zoning policies.
The land classification/reclassification and subsequent land use planning and zoning
policy shall be directly supportive and linked to the proposed strategic land management policy
based on an eco-system-based integrated watershed management framework and national
climate change adaptation and mitigation plan.
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Likewise, the completion and updating of the classification and reclassification process
of public lands is part and parcel of the proposed integrated multi-purpose cadastre survey
system under the land administration component and proposed integrated national and local land
data and information system under the land information management system component.
· Public land resource inventory and assessment (Long-term)
A public land resource inventory and assessment is a necessary technical activity that
would complement the forestlands delineation. Such an inventory would establish the actual areas
and locations, tenurial and management status of the country’s public lands that includes pasture
lands, foreshore and reclaimed and protected areas, patrimonial/reservation areas. The data and
information from these inventories shall serve as basis for the crafting of new resource
management policies and plans for public lands under the strategic land management policy. The
data and information from this inventory and assessment shall be also inputted into the national
unified land information system along with other tenurial instruments and titles issued by the
DENR and other title-issuing agencies.
· Enactment of legislations on identified forest boundary lines; classification and reclassification

laws based on new forest line delineations (Medium)
The enactment of local legislation for identified forest boundary lines and
classification/reclassification of public lands are formal steps needed for these actions to have force
and effect. This shall also include review of the definition of public lands under the CA 141,
including the classification of reclaimed lands. Several proposed classification and reclassification
of lands as well as delineated forest boundaries have already been prepared for submission to
Congress. Throughout this legislative action, continuing support for advocacy and technical
support needs to be provided by the DENR to the legislature.
· Updating and rationalisation of public land laws and policies under cohesive land management
framework (Long-term)
The adoption of a new strategic land management policy shall demand among other things
changes in the existing policy frameworks affecting the various public land areas and institutions
overseeing these areas. These include changes in the enabling law and mandates of the DENR (EO
192), NIPAS (RA 7584), IPRA (RA8371), Forestry Code (PD705), Reclamation Act (PD 1084),
Public Land Act (CA 141), Property Registration Decree (PD 1529), Local Government Code (RA
7160), Water Code (PD 1067), among other things. Likewise, other related proposed land laws
that affect public land management include a Land Code, National Land and Water Use and
Management Code, Sustainable Forest Management Act, and Land Administration Reform Act
(LARA).,
Other policy reform initiatives shall be administrative issuances or executive orders on the
strategic land management policy, LGU-NGA co-management arrangements on
foreshore/reclaimed areas, transfer of certain public land management functions/disposition
arrangements, revision of functions and roles of specific national government agencies and local
government units.
b. Optimisation disposable public and government land assets and resources based on best
uses, economic return (i.e. private sector commercialisation or joint venture development),
environment, and/or social development objectives (i.e. socialised housing, agrarian reform or
settlements development)
A necessary complementary policy to the adoption of a strategic land management

policy based on conservation, preservation, rehabilitation and sustainable use of forestlands is
the optimisation of all disposable public and government land assets that are currently held by
national government agencies, such as the DENR and DoF-PMO. The disposition of these
government lands and assets shall be based on a determination of the best economic use and
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viability of these assets based on economic, environmental and social development objectives of
the government.
Likewise, administrative and technical jurisdiction over all disposable assets shall be
transferred to the identified most appropriate national agency outside of DENR that could
effectively manage and maximise the assets economic viability. This should form part of the
economic and fiscal revenue contribution of the country’s public land management strategy.
Likewise, the public land sectors contribution to the economy shall be based on local and
national revenues derived from the environmental services and sustainable use and management
of public land resources, specially forestlands and watersheds. These include water and energy
use fees, non-forest products, eco-tourism, recreational and cultural charges, and public land
management arrangements with private sector groups and organisations.
Consistent to the strategic land policy emphasis of pursuing conservation, protection,

preservation, rehabilitation and sustainable use of public land/forest lands, more value added
utilisation of identified production areas in public lands/forestlands shall be encouraged for
private sector investments and arrangements.
· Review and fast-tracking the release and disposition of non-identified forest lands and other
public lands under current leases and agreements as A&D to intended beneficiaries or existing
occupants/users (Medium-Long-term);
The final determination and delineation of the country’s forestlands shall result to the
release of erstwhile settled and developed forestlands from the public domain as alienable and
disposable. This shall require the disposition of these released public lands to existing occupants
either through free patent or a new form of tenurial instruments to fast-track their integration into
the formal titling system and jurisdiction of local government units. The fast-tracking of the
disposition of these released lands shall not only have a direct contribution to the increase in
LGU and national revenue arising from the increased of titled properties but a more active land
market and development in these jurisdiction.
· Issuance of strategic land policy for bio-diversity conservation, protection, preservation and
sustainable use of public lands for climate change mitigation and adaptation based on an
integrated watershed management framework as the country’s strategic land management
framework; (Medium);
The issuance of a strategic land policy based on the conservation, protection,

preservation and sustainable use of the country’s public lands is the critical step in defining the
country’s public land management policy for the next 30 years. This national statement is
necessary to align all other land-related initiatives with the purpose and objectives of the national
land policy. A declaration that prioritises the conservation, protection, preservation and
sustainable use of the country’s public lands also supports the country’s climate change
mitigation and adaptation strategy under the new Climate Change Act.
· Extension and expansion of public-private arrangements over the sustainable management of

public lands and resources (Medium-Long-term).
Private participation into development and management of natural resources either

through partnership, joint-venture or direct management, especially in the development and
utilisation of economically viable patrimonial and government lands, shall be an important
initiative towards the maximisation of the economic value and use of public lands to
government. It shall also provide the necessary knowledge and expertise over the long-term
development and use of public lands that would augment and expand the limited capacities and
abilities of mandated government land agencies. The expansion of private participation into the
development and management of government and public lands shall require a new form of
instrument and necessary changes in existing laws.
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· Adoption and integration into the national accounts of a natural resource-based accounting and
valuation system. (Long-term)
The maximisation and optimisation of the use and development of public lands shall
required the establishment of appropriate appraisal and valuation of public land and resources
beyond the traditional economic values placed on products and goods derived from the land.
Currently, public lands are valued using zonal and assessed values adopted for private lands. It
does not consider the intrinsic and shared value of public lands especially on biodiversity, waters
and energy use/regeneration, cultural and eco-tourism, and other types of environment-related
services and functions that it provides aside from extracted resources and materials. In this
context, the initiatives to establish an environmental natural resources accounts and valuation
system that would integrate into the country’s national economic and social accounts should be
revived and further pursued and institutionalised. 17
c. Devolution and decentralisation of public land management
The phased devolution and decentralisation of land management responsibilities and

authorities to local level bodies shall be actively and continuously implemented. This is
supportive of the continuing devolution of national services to local government units and
communities under RA 7160 or the Local Government Code and subsequent laws. But more
importantly, the decentralisation and devolution of land management to local levels and
community serves as the main on-site management and implementation structure for the
country’s strategic land management policy.
It is recognised that the most viable and effective management of public lands shall be
at the local level using modes such as direct and adaptive co-management arrangements
between LGUs-NGAs, private-public partnership, community-government (local/national) and
stakeholder-based participation and cooperation, and community- and people-based land
management arrangement, among others. Technical support, guidance and assistance on land
management to LGUs and communities shall be provided by national government in order to
strengthen local technical capacities and systems.
· Reconfiguration and redefinition of mandates and jurisdiction of national public land managers
and other related agencies, including LGUs, towards a more effective and efficient management
of public lands (Medium);
Necessarily, the process of decentralisation and devolution of local land management to

LGUs shall also entail a reconfiguration and redefinition of the roles and functions of key
national land agencies. It shall also require also additional shifts in the systems and human
resource capabilities of both national and local government agencies to effectively pursue their
new and redefined functions and responsibilities under a decentralised and devolved land
management system. Under a decentralised and devolved land management system, national
land government agencies shall be expected to provide technical leadership and assistance,
enforcement and development of quality standards, policy guidance, performance monitoring,
and resource support to LGUs. At the local levels, LGUs shall be given the main implementation
agency of land administration and management functions and services, including enforcement of
land administration and management policies and application of appropriate fees and charges.
.
· Strengthen a more progressive and responsive public-private partnership in the development and
management of public lands (Medium);
17
In 1997, the United Nations Development Programme (UNDP) supported a project for the development
and adoption of a Philippine Ecological Environment and Natural Resources Accounting System
(PEENRA) that would be integrated into the Philippine economic accounts to properly account for the
non-economic contribution of the country’s environment and natural resources into the country’s
economy and development.
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This is the local implementation of the proposed expanded participation and role of the
private sector in the management and development of public land. Public-private partnership in
public lands will be most critical at the local level especially with the further expansion and role
of LGUs in land management. Tie-up and partnership by the private sector with LGUs and local
communities such as IP and tenured groups in managing and developing local lands will provide
the necessary expertise and capacity to maximise economic, social and development potential
and value of tenured local lands based on common development objectives.
· Adoption of a co-management framework on the sustainable management and development of

foreshore/reclaimed areas (Medium);
The adoption of a co-management framework between LGU and NGA, particularly the
DENR, over the country’s foreshore (including salvage zone) and reclaimed lands, would
address one of the most critical and urgent public land management issues at the local level. This
is further exacerbated the impending threat of global warming and climate change which is
projected to affect most coastal areas in the country. The co-management framework follows the
same shared responsibility and authority practiced over communal forests entered by the DENR
with LGUs under Joint Memorandum Circular 2001-01. Specific powers and authorities over
the management and development of foreshore and reclaimed lands exercised by the DENR shall
be transferred to LGUs, including enforcement and application of development laws and
restrictions, under a sustainable management framework that complements the over-all strategic
land management policy and integrated to the LGU’s comprehensive land use plan.
The co-management framework shall be complemented by the conduct of a parallel

inventory and assessment of the status of foreshore areas in the country by the DENR, in
cooperation with LGUs, in order to establish clearly the development and disposition status of
these inviolable public lands. Such an inventory and assessment shall then serve as the basis for
the identification and formulation of local foreshore co-management arrangements and plans that
would serve as the framework for the co-management agreements between the DENR and
LGUs. An executive order adopting a co-management framework for foreshore, reclaimed and
coastal lands should be issued to provide the enabling policy for this co-management
arrangement.
· Integration and consolidation of all public land management tenurial arrangements and use rights
under a multipurpose cadastre system (Long-term)
The most critical technical support system for the effective implementation of the new
public land management strategy is the integration and consolidation of all tenurial arrangements
and use rights awards/agreements issued by all land-related agencies under an open, integrated,
accessible and transparent unified land information system based using a multi-purpose cadastre
system as main platform. Such an integrated land information system (details of which is
outlined in the land management information component) must be linked and adopted within the
proposed multi-purpose cadastre system (as proposed under the land administration component)
where all types of titles, patents, agreements, and land instruments, including land-related
information are consolidated and over-laid. This system shall serve as the basis in the
development and formulation of a more accurate, effective public land management regime and
mechanism for the various sub-sectors in the public land sector as well as for the CLUP and
zoning policies of LGUs.
· Adoption of national land and water use management policy (Medium-Long-term);
The adoption of a national land and water use management policy, either through
legislation or executive order, shall provide the complementary frameworks for the strategic
national land policy. The national land and water use management policy shall be the
implementation mechanism/arrangements for integrating both public and private land
management at the local levels as well as those covered by specific laws, i.e. protected areas,
ancestral domain, forest, foreshore and coastal zone management plans. It shall also integrate
local development plans and zoning ordinances that affects both public and private lands within
their respective jurisdiction.
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· Strengthening of local and institutional alternative dispute resolution (ADR) mechanism,
including IP customary laws, in the administrative settlement of public land claims and conflicts
(Medium)
Upon the final determination and delineation of the country’s forestlands and adoption
of the country’s strategic public land management policy, rationalisation and consolidation of the
different tenurial instruments and claims over public lands would require a strengthening, if not
establishment, of a more appropriate alternative dispute resolution system for administrative
settlement of claims and conflicts within and among land administration agencies. In the case of
ancestral land claims and disputes, the adoption of customary laws and practices of settling
claims shall be part of this process. The Alternative Dispute Resolution Law (RA 9285) and its
adoption within the DENR through DAO 2005-18.18
5.0 Conclusions
The effective management of the country’s public lands is directly dependent on the
strategic actions related to land administration, improvement in land information management
technology, reconfiguring and development more effective implementing mechanisms and
adoption of a strategic land management policy. These elements cannot be taken as standalone
actions but complimentary in achieving improve delivery of land services and trigger local
economic development. However, these efforts cannot be achieved over the next twenty years
with the absence of strong political will and determination to pursue the necessary changes and
actions to reform not only public land management but moreso the country’s land
administration and management systems.
18
DENR has issued DAO-2005-18, (on 01 September 2005) adopting ADR principles and procedures in the
resolution of appropriate environmental and natural resource conflicts. This ADR DAO covers all the different
administrative dispute processes and quasi-judicial mechanisms within the DENR and its various bureaus (i.e. Mines,
Forestry, Protected Areas, Lands, Environmental Management)
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6.0 Annexes and Sources
Table 1.0 List of National Laws and Policies affecting Public Land Management
Thematic Areas Laws and Executive Orders Department Orders and
Regulations
a. Foreshore/Coastal Lands CA 141 (Public Land Act), Sec. 59 DAO 34-99 – IRR for Foreshore
Lands
PD1067 (Philippine Water Code – DAO 20-98 – Appraisal and
salvage zones) Valuation Guidelines for Public
Land Leases/Sales
RA 8550 (Fisheries Code) Lands General Circular 38 (07
February 1978) – SC doctrines on
Foreshore Lease Applications
Lands
Reclamation RA 1899 (Reclamation Act) DAO 2007-02 (Rules and
Regulations governing Issuance of
Permits over Reclamation Projects
and Special Patents over Reclaimed
Lands
PD 1084 (Establishment of Public
Estates Authority)
EO 525-1979
EO 380-2004 – Conversion of PEA
to PRA
EO 543-2006 – Delegation to PRA PRA-AO 2007-2 – IRR of EO543
Power to Approve Reclamation
Projects
EO 672-2007 – Defining role of
DENR and PRA
b. Patrimonial/Reservations/Friar Act 3030(Disposition of Private Manual of Disposition of Public
Lands Lands owned by the Government) Lands
Act 3038 (Disposition of Patrimonial Lands Office Circular 70 (08 June
Lands) 1979) – Rules and Regulations
governing the management of gov’t
lands covered by existing leases and
management and disposition of lands
covered by existing
leases/improvements
RA 477 (Direct sale of patrimonial
properties)
CA 141 – Public Land Act
BP233 (Disposition of Patrimonial
Land under NAFCO)
RA 2348 (Disposition of National
Government Lands)
CA No 32 (Sale of Friar Lands)
c. Forestlands PD705(Forestry Code) EO 263 (CBFMS Strategy)
Grazing/Pasture Lands CA452 – Pasture Land Act MAO 50 – IRR for Grazing Land
ForDAO 1995-13 – Amend to MAO
50
d. Protected Areas RA7586 (NIPAS Act) DAO 92-25 (IRR of NIPAS Act)
DAO 2004-32 (PA-CBRMA)
RA 7942 (Mining Act) DAO40-96 (IRR of RA 7942)
e. Other related laws RA6657(Comprehensive Agrarian EO 292 (Administrative Code)
Reform Law)
RA8371 (Indigenous People’s EO 192 (DENR Reorganisation)
Rights Act)
Act No. 496(Land Registration Act)
RA2259 (Cadastral Act)
PD1529 (Property Registration
Decree)
RA7160 (Local Govt Code)
RA 8435 (Agriculture/Fisheries
Modernization Act)
RA 9700 (CARPer ) – Extension of
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CARP law RA6657
RA 9729 – National Climate Change
Law
RA 10023 – Residential Free Patent
Law
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Table 3.0 Summary of Strategic Policy Statement and Recommended Strategies and
Approaches
Strategic Policy Statement Key Strategies and Approaches

Adoption of a public land (i.e. forest lands) · Acceleration and completion of the
management strategy that focuses on the determination and delineation of public lands
conservation, preservation, rehabilitation and (i.e. forest lands delineation) for preservation,
sustainable use of the country’s forestlands as the conservation, rehabilitation, production and
highest development priority over economic and future bio-diversity uses/value and
fiscal revenue generation. (Long-term) release/disposition of remaining disposable
lands (Medium)
· Acceleration and completion of the country’s
land classification and reclassification of all
public lands (Long-term)
· Enactment of legislations on identified forest
boundary lines; classification and
reclassification laws based on new forest line
delineations (Medium)
· Updating and rationalisation of public land laws
and policies under cohesive land management
framework (Long-term)
· Extension and expansion of public-private
arrangements over the sustainable management
of public lands and resources;
Optimisation disposable public and government · Fast-tracking the release and disposition of non-
land assets and resources based on best uses, identified forest lands as A&D to intended
economic return (i.e. private sector beneficiaries or existing occupants/users
commercialisation or joint venture development), (Medium-Long-term);
environment, and/or social development objectives · Issuance of strategic land policy for bio-
(i.e. socialised housing, agrarian reform or diversity conservation, protection and
settlements development) (Long-term) preservation and climate change mitigation and
adaptation based on an integrated watershed
management framework as the country’s
strategic land management framework;
inclusion in new MTPDP (Medium);
· Adoption and integration into the national
accounts of a natural resource-based accounting
and valuation system. (Long-term)
Devolution and decentralisation of public land · Reconfiguration and redefinition of mandates

management (Long-term) and jurisdiction of national public land
managers and other related agencies, including
LGUs, towards a more effective and efficient
management of public lands (Medium);
· Strengthen a more progressive and responsive
public-private partnership in the development
and management of public lands (Medium);
· Adoption of a co-management framework on
the sustainable management and development
of foreshore/reclaimed areas (Medium);
· Integration and consolidation of all public land
management tenurial arrangements and use
rights under a multipurpose cadastre system
(Long-term)
· Adoption of national land and water use
management policy (Medium-Long-term);
· Strengthening of local and institutional
alternative dispute resolution (ADR)
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mechanism, including IP customary laws, in
the administrative settlement of public land
claims and conflicts (Medium)
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Table 4.0 Key Issues and Strategic Policy Direction and Approaches in Public Land Management in the Philippines
Key Issues Findings Strategic Policy Statements Strategies/Approaches (Medium=1-

6yrs)/Long-term =7yrs++)
Absence of a national Unintegrated and unlinked public land Determination and delineation of public lands (i.e. · Completion of delineation and
enabling land management management systems and policies forest lands delineation) for preservation, ground assessment/determination of
policy framework conservation and future bio-diversity uses/value forest lands (Medium)
and release/disposition of remaining disposable
lands · Passage of legislations on identified
Unrealistic and out-moded public land laws Updating and rationalisation of public land laws forest boundary lines; classification
and policies; sector-specific land and policies under cohesive public land and reclassification laws based on
management policies and arrangements management framework new forest line delineations
Unclear strategic agenda on the role, Adoption of public land (i.e. forest lands) (Medium);
prioritisation and use/value of land conservation, preservation and recovery as
resources in national development highest development priority over economic and · Fast-tracking the release and
objectives fiscal revenue generation. disposition of non-identified forest
lands as A&D to intended
beneficiaries or existing
Non-maximisation of use, disposition and Maximisation of disposition of disposable public occupants/users (Medium/Long-
development of public land resources; land based on best uses, economic return (i.e. term)
private sector commercialisation or joint venture
development) and/or social development · Issuance of strategic land policy for
objectives (i.e. socialised housing, agrarian bio-diversity conservation,
reform or settlements development) protection, preservation,
Absence of an appropriate public land Adoption and integration into the national rehabilitation, and sustainable use,
valuation and fees system accounts of a natural resource-based accounting and climate change mitigation and
and valuation system. adaptation based upon an integrated
Ineffective and conflicting Absentee public land managers leading to Linked to final determination and delineation of watershed management framework
on-site land management and basically “open-access” of public lands to permanent forest lands (public lands) as strategic land management
implementing mechanism intrusions and illegal development; framework; (Medium)
Limited public land management Reconfiguration and redefinition of mandates and
capabilities and ineffective regulatory jurisdiction of national public land managers and · Extension and expansion of public-
enforcement of existing national polices by other related agencies, including LGUs. private arrangements over the
national and local land managers sustainable management of public
Overlapping and conflicting claims, tenure Issuance of a single tenurial instrument for all
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arrangements and use rights within and public land tenurial arrangements and use rights lands and resources
among public land assets/beneficiaries,
especially in forest, foreshore and reclaimed · Adoption of appropriate natural-
lands. resource based valuation system for
Absence of an integrated national and local Establishment of an open access, integrated public land assets and resources
land information and data (spatial, tenure, national and local public land information and (Long-term)
ownership, uses) system; no integrated data records system · Reconfiguration and redefinition of
inventory of public land assets, agreements, mandates and jurisdiction of national
instruments, use rights and leases; public land managers and other
Absence of an integrated public land Adoption of integrated watershed management related agencies, including
management framework system as national land management policy LGUs.(Medium)
framework
Governance and institutional Overlaps and conflicting inter-governmental Devolution and decentralisation of public land · Integration and consolidation of all
arrangements and intra-governmental jurisdictions and management public land management tenurial
mandates of public land managers arrangements and use rights under a
(especially with LGUs) multipurpose cadastre system.
Unclear roles and responsibilities between Reconcentration of DENR mandates in public (Long-term)
and among national and local government land management to direct control and
agencies supervision over the conservation, protection, · Establishment of an open access,
rehabilitation, management and expansion of integrated national and local public
forest lands/public lands; land information and data records
system (Long-term)
Distribution to more appropriate agencies of
disposition/management of non-forest lands based · Adoption of phased devolution and
on identified best use and purposes, i.e. decentralisation of public land
grazing/pasture lands – Department of management to LGUs; (Long-term)
Agriculture; Eco-tourism – Department of · Adoption of co-management/
Tourism; commercialisation of public lands – partnership arrangements in forestry,
Department of Finance, Department of Trade and foreshore and coastal zone
Industry or Philippine Reclamation Authority; management (Medium);
settlements/housing – HUDCC or LGUs.
Incomplete, inaccurate land classification Linked to completion of final disposition and · Strengthening of local and
and actual land uses; cadastral surveys, delineation of forest lines institutional alternative dispute
boundary delineations, ground validation resolution (ADR) mechanism,
and mapping. Completion and updating of cadastral surveys (at including IP customary laws, in the
municipal level) administrative settlement of public
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land claims and conflicts (Medium)
· Reconcentration of DENR mandates
in public land management to direct
control and supervision over the
conservation, protection,
rehabilitation, management and
expansion of forest lands/public
lands (Medium);
· Distribution to more appropriate

agencies of disposition/management
of non-forest lands based on
identified best use and purposes, i.e.
grazing/pasture lands – Department
of Agriculture; Eco-tourism –
Department of Tourism;
commercialisation of public lands –
Department of Finance, Department
of Trade and Industry or Philippine
Reclamation Authority;
settlements/housing – HUDCC or
LGUs.(Long-term)
· Strengthen a more progressive and

responsive public-private partnership
in the development and management
of public lands(Medium);
· Acceleration and completion of land

classification ad reclassification of
all lands and updating of cadastral
surveys (at municipal level) (Long-
term);
· Adoption of national land and water

use management policy
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(Medium/Long-term)
Land Classification/ · Boundary conflict between forest and A · An accelerated system for land classification · Inclusion of concern LGU in the LC-
Reclassification; Delineation & D land; put in place and completion of the same to RTWG(Amendment to existing
of Final Forest line · Issuance of Patent within timberlands; ascertain forest boundary demarcation; DAO)
· Non-conforming issues (actual use vs.
existing land classification, · LGU participation in the conduct of
reclassification) forest delineation survey
· Permanency of forest state
· Delays in the final approval of · To complete the technical assessment
submitted LC maps and recommend final delineation of
forest boundary by 2011 Inclusion of
concern LGU in the LC-
RTWG(Amendment to existing
DAO)
· LGU participation in the conduct of

forest delineation survey
· To complete the technical assessment

and recommend final delineation of
forest boundary by 2011
Impact of Climate Change · Threats of climate change to land uses
and Vulnerabilities and impact of incoherent, unbridled and
unsustainable land management/uses
· Absence of local land mitigating and
adaptation arrangements/plans
· ·
Land Use and Utilisation/ · Inconsistency and absence of public
Zoning arrangements land development agenda with LGU
land use policies/agenda
· Lack of coordination and integration of
national public land management
arrangements/systems with LGU
priorities and direction
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E.Mercado, EnP
Table 4.0 Specific Issues and Challenges in Public Land Management in the Philippines
Public Land Area Enabling Law/Policy Issue Proposed Approach Priority Action
Grazing (Pasture) Leases PD705 – Revised Forestry Code · FPIC/IP claims processing – · reserve remaining forested · completion of forest line
of the Philippines renewal of FLGMA; conflicting areas/areas suitable for delineation and assessment
- management/ identification claims/coverage of ancestral reforestation/forests (2012);
of suitable areas domains; (most FLGMAs are (production/protection) · legislation for new classification
CA 452 – Pasture Land Act expiring in the next 10-15 years) · release suitable areas for and reclassification; release to
- DA, commercial aspect of · settlement settlement/resettlement – A&D/; A&D lands;
pasture lands intrusion/encroachment issue residential FP · EO transferring jurisdiction to
- automatic reversion to · non-viability (economically) of · Remaining suitable/viable pasture issuance/management of pasture
forestlands pasture lands (for private sector) areas = renewal/rebidding; turned lands to DA;
· low leases/rental fees due to over to DA (Bureau of Animal · Amendment to IPRA (if transfer
RA 8371 – Indigenous People’s inappropriate valuation system Industry?); or to NCIP issuance of pasture
Rights Act (?) · released to IPs/NCIP; issue own leases – not advisable)
EO 192 – DENR tenurial arrangement for pastures
Reorganisation of 1987 issued by NCIP or enter into a
MAO 50 – IRR on grazing direct MoA with IP claimant (as
land( FLGMA) already provided for in their
* 40% for agroforestry dev’t CADTs)
· establishment of appropriate
appraisal and valuation system for
grazing (pasture) lands
Foreshore PD705 – Revised Forestry Code · no over-all integrative · co-management arrangement · draft DAO on co-management
of the Philippines; management framework and between LGU and DENR; and/or EO for complementation
CA 141 – Public Land Act development policy to serve as o complementation of of CLUP/CRM/FLUP
- mode of disposition (FLAs) basis for foreshore policies and CLUP/CRM/FLUP · policy declaration (consistent
PD1067 - Water Code of the issuance of tenurial instruments plans; zoning ordinances with national climate change
Philippines (management policy); linked and enforcement; mitigation/adaptation strategy)
with reclamation and coastal and development areas that foreshore areas (i.e. 10 or
PD 1084 – Creation of Public watershed management · development of integrated 15 m from highest water line at
Estates Authority (PEA) · unclear management policy on foreshore management framework high tide) as strictly no
EO 380-2004 – Conversion of salvage zones and relationship plan/approach; development of development/protection zone;
PEA to PRA to foreshore; standard valuation/appraisal for open salvage zones are limited
EO 543-2006 – Delegation of · intrusion/illegal development foreshore areas development area (i.e. single
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Authority to PRA to approve construction by · conduct of ground story, none fixed
reclamation projects applicants/LGUs/illegal inventory/survey of country’s structures/activities) that shall
settlers/fisherfolk (on-site foreshore areas and usage/use; be governed by a shore land
RA 7161 - Banning of cutting management) study of lease instrument (for
of mangroves/forest charges · conflict of jurisdiction/ environmental/biodiversity commercial operations) and
RA 8435 – Agriculture and responsibility and accountability value/climate change shore land tenure or usufruct
Fisheries Modernization Act between LGUs and DENR (on- effect/carrying capacity to identify instrument (i.e. for individual
(AFMA) of 1997 site management); charging and roles of foreshore areas in the residences/settlements) within
RA 7160 – Local Government imposition of local fees/permits country for proper identification salvage zone area;
Code (i.e. occupancy permits on of on-site management and · adoption of more appropriate
RA 8550 – New Fisheries Code foreshore areas) development policy/regulations; process of appraisal and
of the Philippines of 1997 · access and right of way (RoW) determination final foreshore line valuation of foreshore/salvage
RA 8371 – IPRA Law by fisherfolk to foreshore/ (no development) areas;
salvage zones from propertied · streamlining/simplification of · legislative amendments to
areas administrative Public Land Act/Water Code
· breakdown in coastal resource application/appraisal and approval · common zoning policies with
management/pollution procedures; LGU and DENR
control/biodiversity loss decentralisation/devolution of · Amendments to DAO 20 –
· overlaps/conflicts with other approval process appraisal system and formula;
management arrangements – · remove foreshore lease agreement MO on centralisation of lease
CRM/Forestry/IPs/CLUP-LGU; and assert/declaration of agreements/MOA approvals
conflict/precedence of foreshores as no development (return to
policy/rights/development of zone; transfer development devolved/decentralised approval
foreshore and reclamation (limited development, if any) in of FL application, appraisal and
(emerging biggest threat) salvage zone to be governed by a agreements (based on levels of
· administrative problems (long new shore land lease instrument; authority)
delays-arising from · identify area shore land
centralisation of decision- rights/lease to settlements (illegal
making and approval of settlers) inside salvage zone to
FLAs/too much certification accommodate existing settlements
requirements from other and place them under a
agencies, i.e. DPWH, PPA, management regime;
DoT/bureaucratic) in · establish a separate and
application/ appraisal/valuation appropriate system for the
of foreshore areas and delays in appraisal and valuation of
processing of FLA; continued foreshore lands/salvage zone
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E.Mercado, EnP
development even without · review of approved survey
approved applications; low/loss plans/and ground delineation of
of potential income from identified RoWs.
fees/charges; · new application and disposition
· disposition policy on completed policy for assets of expired FLAs
FLAs (by 2015+); (i.e. joint venture, direct
· immediate impact of climate management, commercial leases)
change will be seen on foreshore starting 2015;
areas and threats.
Forestlands/ PD705 – Forestry Code of the · overlaps with other forest tenure · completion of final delineation of · budgetary allocation for the
Philippines instruments; too many forestlands; completion of final forestland
EO 263 – Adoption of CBFM instruments reclassification/classification delineation; identification and
as country’s sustainable forest · overlaps/conflicting claims with (assessment suitability/existing determination of
management policy other titling processes, i.e. tenure instruments/rights and protection/production forests
RA 7160 – Local Government CADT/CALTs, CLOAs, claims); (including
Code of 1991; CBFMA, MPSAs, PAs, Water · reconciliation/rationalisation of recovery/reforestation areas)
RA7586 - NIPAS Act 0f 1992 Rights, Energy Development forestland utilisation and other · legislation for new
RA7942 - Mining Act of 1995 Permits/franchises, LGUs instruments/permits/claims issued reclassification/classification of
RA8371 - IPRA Law of 1997 · jurisdiction overlaps and by other agencies; possible forestlands based on final
management issuance of single instrument of delineation;
accountability/institutional uses affecting forestlands; · amendment to EO 192 or EO
arrangements/regimes, i.e. · review and completion of transfer of management/tenurial
LGUs, NCIP, DAR, DoE, FLUP/identification of possible arrangement of identified
NWRB, MGB uses/risks and hazards of other special purpose uses within
· encroachment of forest areas and release/transfer of forestlands;
settlements/population in jurisdiction/management to · amendments to enabling laws on
forestlands (protection); respective agencies, i.e. PD705, NIPAs, IPRA laws);
· balance of developmental and pasture/agro-forestry = DA; eco- revised definitions for
conservation goals/needs for tourism = DoT; communal protection/production forests
next generation; biodiversity forests/settled areas/CBFMA = (i.e. timber/forest-related)
losses; illegal poaching; LGUs; IP ancestral lands = NCIP; · Constitutional amendment (i.e.
energy/water needs, etc; · classification of remaining titling of production
ineffective management regime forestlands/protected areas under forest)/without Constitutional
DENR jurisdiction into amendment (i.e. issuance of
protection/production forests and forest estates titles and creation
7
E.Mercado, EnP
develop new tenurial/management of Philippine Forest Estate
regimes for these areas (i.e. Authority)
production forests/estates – IFMA · expansion/strengthening of co-
or issuance of titles?); protection management between LGU and
forests – privatisation/co- DENR;
management (ala-La Mesa Dam); · completion of FLUPs in key
release jurisdiction of non- forestland areas; determination
forest/timber-related areas to other of special purpose uses of these
agencies (i.e. DA, DoT, DoE) forestlands;
· refocusing of DENR functions
towards protection, conservation
and preservation of remaining
forestlands/areas (i.e.
protection/production);
Patrimonial/Friar lands Act 3038 – Disposition of · maximisation of economic · Inventory and assessment of · EO transferring properties to
Patrimonial Lands; potentials/benefits aside from development potential and value appropriate
specific laws per type of revenue generation/fiscal of existing patrimonial lands; agencies/government entities; or
patrimonial law (i.e. NABCO) support; explore other means of for DENR retained properties,
· informal occupancy by disposition, i.e. joint-venture transfer to NRDC;
RA 477 – Direct sale of individuals/groups of existing agreements
patrimonial properties; assets · Dispose (auction or
bidding)/release of all
CA 141 – Public Land Act agricultural/residential lands, i.e.
- other modes of disposition, CARP or Socialised housing; or
e.g. agricultural/ miscellaneous issued FPs for occupants;
leases · Transfer commercially viable
properties for proper agencies, i.e.
NDC or DoF/PMO; or directly
administered by DENR
· DENR retain specific
commercially viable properties for
possible joint venture agreements
with private partners, i.e. NRDC,
or GOCC/GFIs.
Reclamation PD 1084- Philippine · overlaps/conflicts over other · harmonisation of existing · Harmonized policy on
Reclamation Law uses and claims, i.e. rules/policies on reclamation and reclamation and foreshore
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E.Mercado, EnP
foreshore/mangroves, public land disposition management; disposition and
RA7160 – Local Government CLUP/LGU zoning ordinances, arrangements between DENR and titling; environmental and
Code of the Philippines · public titling/ownership PRA; establish relationship of administrative clearances
- LGU power to reclaim schemes (i.e. national DENR permitting · Reviews and amendment to
lands government or LGU; responsibilities/requisites vs. Public Land Act (CA141) on
CA 141-Public Land Act proclamation of reclaimed lands reclamation activities/permits; reclamation classification and
- foreshore leases as release for A&D/without · adoption of reclamation definition;
proclamation area is unclassified management plans or treat them as
PD 1067 – Water Code public land; infrastructure projects (that can be
- salvage zone · private titling or leases issuance engaged by public or private
by LGUs (as provided by LGC entities) subject to existing
on power to reclaim lands); environmental/biodiversity/
public domain but private conservation management
development; laws/climate change
· jurisdiction and mandates over mitigation/adaptation impact;
reclamation activities, i.e. · identification/adoption of
PRA/DENR and PRA/LGUs; development limits/coverage for
precedence of reclamation and reclamation; national policy on
foreshore lands; issuance of area reclamation
clearances · co-management/ sharing
· payments of taxes and revenue arrangements on development/
generation/ collection, i.e. PRA commercialisation of reclaimed
vs. LGUs; permits/fees imposed areas between NGA and LGUs.
by LGUs (i.e. building,
occupancy, and business
permits)
· on-going development inside
reclamation even without
proclamation to establish
disposition; technically under
management of DENR as
unclassified public land.
· limitations of reclamation
projects, i.e. coverage, areas for
reclamation,
Protected Areas RA7586 – NIPAS Act of 1992 · overlaps/conflicting claims with · IPRA, Mining Act and NIPAs Act · Review and amendment of
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RA 8371– IPRA law of 1997 other tenurial rationalisation; Mining, NIPAs and IPRA laws
RA 7942 – Philippine Mining holders/agreements, i.e. IPs, · Final delineation of forest line
Act LGUs, CBFMAs, MPSAs;
· enforcement /effectiveness of
PD 705 Forestry Code PA policies vs. local
development policies/directions;
effectiveness of PAMB as
institutional/management body;
overlaps in boundary areas (i.e.
buffer zones)
· conflicts with LGUs
policies/plans with PAMB
policies/plans
DENR EO 192 · confusion/conflict over · Refocusing of DENR mandates · Amendment to EO 192 or new
RA 7160 – Local Government developmental and regulatory towards conservation, RA --redefining DENR
Code of 1991 powers and mandates over rehabilitation, protection and mandates and responsibilities;
RA 8371 – IPRA law of 1997 conservation, preservation and preservation functions of natural
protection of natural resources resources management –a) on
· inability to sustain and forestland management –
effectively exercise DENR’s on- protection forests/watershed/
site management and biodiversity/carbon-sequestration-
enforcement function over climate change impact; b)
resources; jurisdiction issues foreshore/coastal/mangroves –
with LGUs, DAR, NCIP, LRA, under co-management;
and other agencies · surveying and titling/registration
processes to be handled by a
separate and distinct agency, i.e.
LAA (?);
· critical role of LGUs on public
land management (enforcement,
on-site management, control,
integration/rationalisation of uses,
allocation and tenure/claims,
economic and development
maximisation of land resources);
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Public Land Management Sector Draft Final Report 12
E.Mercado, EnP

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Strategies and approaches for sustainable public land

management in the Philippines: A review of the Philippine

Elmer Mercado, EnP

Land Administration and Management Project 2

Public Land Management Sector Draft Final Report i

Public Land Management Sector Draft Final Report ii

The implementation of a long-term (15-20 year) program dedicated to achieving LAM

2.0 Methodology and Approach

· Multi-stakeholder consensus building on the LAM vision and strategic

a) Field-based thematic stakeholders’ consultation and sectoral discussions – Central to the

2.3 Public Land Management (PLM) Analytical Framework

3.0 Thematic Areas Situational Analysis

3.1. Overview of Current Public Land Management Situation

Table 2.0 Number of tenurial instruments/agreements covering public lands.

a. New laws affecting public land management

c. Best practices and progressive innovations of co-management and partnerships in public

3.3. Major Issues and Challenges

b. Absence of an appropriate and strategic land management policy framework

c. Ineffective on-site public land management and implementation arrangements.

4.0 Strategic Policy Statements and Strategies

Policy Statements: Public Land Management

a. Adoption of a sustainable land management strategy that focuses on biodiversity

Conservation, preservation, rehabilitation and sustainable use of the country’s land

The updating and completion of land classification/reclassification of lands, specially,

· Public land resource inventory and assessment (Long-term)

· Enactment of legislations on identified forest boundary lines; classification and reclassification

A necessary complementary policy to the adoption of a strategic land management

Consistent to the strategic land policy emphasis of pursuing conservation, protection,

The issuance of a strategic land policy based on the conservation, protection,

· Extension and expansion of public-private arrangements over the sustainable management of

Private participation into development and management of natural resources either

c. Devolution and decentralisation of public land management

The phased devolution and decentralisation of land management responsibilities and

Necessarily, the process of decentralisation and devolution of local land management to

· Adoption of a co-management framework on the sustainable management and development of

The co-management framework shall be complemented by the conduct of a parallel

· Adoption of national land and water use management policy (Medium-Long-term);

Strategic Policy Statement Key Strategies and Approaches

Devolution and decentralisation of public land · Reconfiguration and redefinition of mandates

Key Issues Findings Strategic Policy Statements Strategies/Approaches (Medium=1-

· Distribution to more appropriate

· Strengthen a more progressive and

· Acceleration and completion of land

· Adoption of national land and water

· LGU participation in the conduct of

· To complete the technical assessment

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