CLAIMS AND

CONFLICTS CASES
DENR ADMINISTRATIVE ORDER No. 2016-31 (February, 2017)
 WHAT IS A
“CLAIMS AND
CONFLICTS CASE?”
 a dispute concerning
the disposition and
management of
public land involving:

DENR DAO
No. 2016-30
defines a conflicts of boundary
CLAIMS claims of ownership;
defining metes and
bounds of a lot
AND and
subject of a patent
CONFLICTS application.

CASE as:
Public agricultural (alienable and disposable) lands
subject of applications for afp, sp, rfp, msp, hp,
townsite sales and other adverse claims;
Administratively titled lands investigated under CA
141

Patrimonial Properties, properties covered by

Presidential Proclamations for disposition
SCOPE and
Foreshore areas;
COVERAGE

Other types of lands the DENR has jurisdiction to

dispose
 I. UNPATENTED or
PROCEDURE FOR UNREGISTERED
LANDS
 1. Filing of 2. Formal
protest Evaluation

3. 4. Decision
PROCESS Investigation [by RD]
OVERVIEW

5. Writ of
Execution
PROCESS OVERVIEW
(cont’d.)

6. Appeal to the
4. Decision by 5. Motion for
Office of the
RD Reconsideration
DENR Secretary

7. Appeal to the
9. Supreme 8. Court of
Office of the
Court Appeals
President
COMMENCEMENT of PROTEST (sec. 3)

 HOW and WHAT to file by filing a VERIFIED PROTEST with supporting

documents (3 sets of copies)

the claimant, aggrieved party or duly authorized

 BY WHOM: representative armed with SPA

 FILE WHERE: 1. CENRO/Regional Office having jurisdiction over

the subject land

2. Legal Division of DENR-NCR if protest is in the

DENR-NCR

3. PENRO directly, if the case involves

implementing PENROs.
 If/When the same lot/s is/are subject of 2 or more
Office- applications, CENRO, implementing PENRO or DENR-
NCR Legal Division shall issue a Memorandum to
Initiated Investigate to a Land Investigation Officer (LIO) who
shall verify the:
Investigation
(Sec.3 1. Actual condition of the lot/s

continued) 2. Improvements existing if any

3. Occupants thereof
4. Other matters relevant to the investigation.
 [DAO No. 2016-30]
an officer from either the CENRO, DENR-NCR Legal
Division or Implementing PENRO vested with
Land Investigation
authority to gather patent applications, and Officer (LIO)
conduct conciliation and investigation on claims Land
and conflicts cases in connection with patent
applications and land disposition. Inspector/Investigator
 1. WRITTEN, in either Filipino or English
2. Shall contain:
a. the names and addresses of the parties
b. material allegations
c. grounds relied upon
d. supporting evidence (documentary and other
FORMAL forms)

REQUIREMENTS 3. Accompanied by: 1. Certificate to File Action from

barangay
OF PROTEST 2. Verification and Certification of
(sec. 4) Non-Forum Shopping
3. Proof of payment of protest fee
4. recent 2x2 pic of protestant and/or
representative
PROCESS OVERVIEW

FILING OF PROTEST

Detemination
if the Protest
FORMAL EVALUATION Requirements

IS THE PROTEST IN DUE FORM OR NOT?

as to form and
attachments
are met

INVESTIGATION

DECISION BY RD
Within 1 day from receipt:
 Regional Office shall forward the Protest
to the CENRO EVALUATION of
 CENRO, PERNO or Legal Division shall
evaluate the Protest and determine if in
PROTEST
DUE FORM (formal requirements
complied)
(Sec.5)
EVALUATION (continued)

If NOT IN DUE FORM:

 The Protest is returned to protestant
 Protestant is sent a WRITTEN NOTICE of the deficiencies in the formal
requirements (via registered mail)
 Protestant has non-extendible period of 15 days [from receipt of written notice]
to comply with deficiencies

If protestant does not comply, the Protest shall be DISMISSED without prejudice and
the protestant shall be given written notice of the DISMISSAL of the Protest.
 CENRO shall
IN DUE FORM? FORWARD the
EVALUATION ✔ YES Protest to the
(continued) PENRO.
PROCESS OVERVIEW

‘INVESTIGATION’ STAGES:

1. Issuance of Summons
2. Filing of Answer
3. Preliminary Conference
4. Ocular Inspection*
5. Referral to Alternative Dispute Resolution*
6. Settlement
7. Submission of Position Papers
8. Final Investigation Report by RD
9. Decision of the Regional Director
ORDER of IF sufficient in form and in substance and within 3 days
from receipt, the PENRO shall issue an ORDER OF
INVESTIGATION INVESTIGATION to the CENRO or to a designated LIO.
(Sec. 6) or “OI”
The Order shall contain:
1. The assignment of the case to a LIO
2. Conduct of actual investigation
3. Ocular inspection
4. Preparation of report by LIO
within 5 days from receipt of the OI, the LIO shall send SUMMONS [with
a copy of the Protest and its attachments/annexes] by registered mail
upon the protestee or representative, requiring the filing of an ANSWER
within 15 days* from receipt of the summons.

* The Protestee may, for meritorious reasons, file a MOTION FOR

EXTENSION OF TIME TO FILE ANSWER [MX] and if granted by the LIO, it
gives the protestee another 15 days to file the Answer. An Order
granting/denying the MX shall be issued by the LIO. (sec. 8)

NOTICE AND SUMMONS (Sec. 7)

 -must be written and verified
-shall contain material facts either specific denial or
affirmation of contra-allegations in the Protest.
-Accompanied by supporting proof

ANSWER -Include list of witnesses and their addresses

(Sec. 8) -Filed personally / by registered mail

-in 3 copies/sets by the Protestee in response to the Protest.
filed by the -Copy furnished to Protestant
Protestee
/Applicant
-Motion to Dismiss the Protest
-Motion for Bill of Particulars
-Motion for Extension of Time to file PROHIBITED
pleadings, [except MX to file an
Answer] PLEADINGS
-Reply and Rejoinder (Sec. 9)
-Dilatory motions for
postponement
 If a party fails to file an Answer within the period
allowed [and such failure is not for meritorious
reasons],
the PENRO or RD [if DENR-NCR] shall issue an Order
declaring that party in DEFAULT.

Effects of declaration of default:

DEFAULT 1. Case shall proceed ex-parte
(Sec.10) 2. Party in default loses right to present evidence to
support claim; but
3. Maintains the right to be notified of any and all
actions in the proceedings
The party in default becomes a mere spectator to
the proceedings.
 REMEDY of PARTY DECLARED IN DEFAULT:

HOW: File a MOTION TO SET ASIDE THE ORDER OF DEFAULT

WHEN: Anytime after notice thereof and before judgment.

DEFAULT WHAT TO ALLEGE AND SHOW:

(Sec.10) that the failure to answer was due to fraud, accident,
mistake, or excusable negligence and that he/she has a
meritorious defense.
REMEDY
PENRO / RD [if DENR-NCR] shall rule on the Motion.
PRELIMINARY Meeting set by the LIO between / among the
parties within 10 days from receipt of the Answer
CONFERENCE or upon expiration of the period for filing an
Answer.
(Sec. 11)
Preliminary Conference shall be completed in 2
hearing dates within a 30-day period.

10 days after the preliminary conference, the LIO

shall issue a PRELIMINARY CONFERENCE ORDER
detailing the agreements reached therein.
Parties have 5 days from receipt of Preliminary
Conference Order to file a request for its
amendment.
 The possibility of settlement
following
shall be
considered defining and simplifying the issues
during
Prelim.
Conf.: idenfitication of witnesses

scheduling of ocular inspection

PRELIMINARY scheduling of hearing dates, if any

CONFERENCE
(Sec. 11) threshing out any other relevant matters that may
aid in early resolution
marking of exhibits

submission of Affidavits [in Q and A format]

 Within 15 days after
termination of
Preliminary Conference,
LIO shall conduct ocular
inspection of the
subject lot/s.

MANDATORY
OCULAR *All parties, Brgy. Chair *Geodetic Engr. must
INSPECTION or representative shall
be notified to attend
be present if an issue
raised involves
(Sec. 12) but any party may questions on the survey
waive presence therein. of the land.
MANDATORY OCULAR INSPECTION (Sec.
12)

LIO shall take geotagged photos and video recordings of the ocular
inspection to ensure that the presence/attendance of the participating
parties are reflected.

Absence of the Brgy. Chairperson/representative shall not preclude the

conduct or continuation of ocular inspection.

The photos and videos taken shall form part of the records of the case.
After ocular inspection, the case shall be referred to Alternative Dispute Resolution
(ADR)

During ADR, the ADR officer shall preside as mediator but the LIO may also be so
designated if none are available.

Entire ADR process shall not be more than 30 days.

Lawyers ARE NOT ALLOWED during ADR proper except if they are appearing for
themselves

MANDATORY REFERRAL TO ALTERNATIVE

DISPUTE RESOLUTION (Sec. 13)
AMICABLE Parties may agree to settle at ANY TIME during the
proceedings.

SETTLEMENT A Compromise Agreement - specifying the identity of

the subject lot/s (lot no., area, adjoining lands and
(Sec. 14) location) - shall be prepared by the LIO/moderator
through the CENRO and submitted to the
PENRO/RD/DENR-NCR which has 15 days from
termination of ADR to determine if the agreement is
not contrary to rules and regulations.
If approved, PENRO / RD / DENR-NCR shall issue a
decision approving the same and terminating the
case.
If not approved, ADR officer shall issue a Certificate of
Failure to Settle (CFS) and remand records to LIO for
continuation of the proceedings
If no agreement has been reached after ocular
inspection, the proceedings shall be terminated
and the parties shall submit their respective
position papers within a non-extendible period
of 30 days from termination of ocular inspection.

POSITION PAPERS (Sec. 15)

INTERNAL MATTERS (post Position Paper)
Sections 16-19

1 2 3 4

within 30 days from Upon receipt from the 3. LD shall evaluate and 4. LD forwards draft
submission of Position PENRO, the RD shall prepare draft Decision. Decision and all
Papers or termination of forward the investigation documents to the ARD
clarificatory hearing, LIO report to the Legal for Management who
shall submit a FINAL Division (LD). LD may shall transmit it to RD.
INVESTIGATION REPORT submit to ARD for
(FIR) together with the Technical Services for
complete records of the technical evaluation.
case to the PENRO
(through CENRO).
PENRO shall evaluate
and forward to the RD.
INTERNAL MATTERS (post Position Paper)
Sections 16-19

5 6
Within 30 days from receipt of The Decision shall be sent to the
Draft Decision, RD shall render a parties by registered mail or
DECISION which may modify, served personally with the help of
affirm, or overturn the draft the barangay officials
decision. (chairman) concerned in the last
known address and execute an
Affidavit of Service therefor within
5 days.
7
If the registry receipt/s of the
parties were not returned,
CENRO/Regional Office [DENR-
NCR] shall secure a certification
to that effect from the post
office.
 After the RD renders a DECISION, any of the parties may
file only 1 MOTION FOR RECONSIDERATION (MR) and
within 15 days from receipt of the decision.

DECISION TO RD shall have 15 days to act on the MR.

EXECUTION.
Sections 20, If NO MR is filed or if MR is filed out of time, the Decision
shall become FINAL and EXECUTORY.
21
Within 1 year from its finality, the prevailing party, can
have the decision executed as a matter of right by filing
a MOTION FOR ISSUANCE OF WRIT OF EXECUTION.
WHO: any aggrieved party
WHEN: within 15 days from receipt of the
Order/Resolution/Decision
WHAT: (1) file a Notice of Appeal to the Office of
the Secretary; and (2) pay the appeal fee.
HOWEVER, if the aggrieved party filed an MR: APPEAL (Sec.
A) If the MR is DENIED, the aggrieved party shall
perfect his appeal during the remainder of the 22)
period of appeal counted from receipt of the
resolution of denial of the MR.
B) If the decision is REVERSED, the aggrieved party
has 15 days to perfect the appeal. (Panolino v.
Tajala. Gr No. 183616, June 29, 2010)
 If the Appeal is not perfected on time, the RD shall issue
an Order dismissing the Appeal.

If Appeal is perfected on time, RD may motu proprio or

on motion, issue an Order transmitting the case to the
Office of the Secretary, through the ASEC for Legal
Affairs.
APPEAL
The Secretary shall issue a Resolution within 120 days
and from the date the Appeal is submitted for Resolution.

ACTION OF
No ocular inspection and further investigation of facts
SECRETARY and circumstances shall be done unless authorized by
the Sec.
APPEALS. From the Decision of the Secretary, the
aggrieved party may file an appeal to the
Office of the following and in this order:

Pres./Court 1. Office of the President

2. Court of Appeals
of Appeals/
3. Supreme Court
Supreme The appeals process shall be governed by
Court existing regulations as prescribed under the
Rules of Civil Procedure.
II. PROCEDURE
for PETITIONS
INVOLVING
REGISTERED
PATENTS
Sec. 26 NATURE OF THE INVESTIGATION:

• Merely INVESTIGATIVE/FACT-FINDING in nature, and

recommendatory because the purpose is to determine
whether or not to file reversion proceedings.

Sec. 27 WHO MAY INITIATE:

• REGIONAL DIRECTOR motu proprio,through letter-

complaints and/or anonymous complaints
• ANY person, through a Petition
Sec. 28 Any or a combination of the following:
1. In cases of FREE PATENTS> The holder of the title
GROUNDS has not occupied, possessed, and cultivated the
land applied for for the required period of time in
the concept of an owner and in the manner
required by law, meaning, openly, publicly,
notoriously, continuously, and adversely;
2. The land has not been subjected to classification
and/or a public forest;
3. The land is classified as forest or timberland;
4. The land is part of a military or civil reservation;
5. The land is a foreshore or swampland;
6. The land is a salvage zone or public easement;
 7. The land is part of a navigable river, stream or creek;
8. The land is part of a street or public highway;
9. The applicant has no absolute title nor an
incomplete or imperfect right which could be
registered and confirmed under Act 496, P.D. 1529

Sec. 28 and CA 141;

10. The plan of the land differs from the documentary
GROUNDS evidence of the applicant;
11. The patent was procured through fraud and/or
(continued) misrepresentation;
12. The land covers or is part of an expanded area
brought about by a series of subdivision surveys;
13. The acquisition, conveyance, alienation, transfer, or
contract is in violation of Sections 118, 121, 122 and
123 of CA 141.
 in writing, and verified by Petitioner/Representative

clear, simple, brief and concise

either English or Tagalog/Filipino

Secs. 29 and contain the ff: name of the title holder, address, material
30 PETITION allegations, law and ground/s, documentary and other forms of
and FORMAL supporting evidence

REQUIREMENTS plus the ff: certificate to file action from brgy, CNFS, proof of
payment, certified true copy of title or patent, recent 2x2 pic of
for no. 1 and petitioner/representative, picture of the subject lot
11 filed in 3 sets/copies, respondent furnished a copy
 All petitions involving registered patents
shall be filed with the PENRO having
jurisdiction or if in DENR-NCR, with the
Legal Division
If filed with the RD or CENRO, it shall be
referred to the PENRO within 1 day
Secs. 29
and 30
(continued) The petition shall allege / admit State
ownership of the land in question. (from
sec. 28)
Sec. 30 FORMAL REQUIREMENTS OF PETITION
[for paragraphs 1 and 11 of Sec. 28]

1. WRITTEN, in either Filipino or English

2. The Petition shall contain:

a. the names and addresses of the title-holder

b. material allegations

c. law and grounds relied upon (basis)

d. supporting evidence (documentary and other forms)

3. Accompanied by: a. Certificate to File Action from barangay

b. Verification and Certification of Non-Forum Shopping

c. Proof of payment of petition fee

d. Certified true copy of title or patent

e. recent 2x2 pic of protestant and/or representative

f. picture of the subject lot

1. Within 1 day from receipt, PENRO shall assign the
Petition to the Conservation, Development and
Licensing Section (CDLS) for evaluation and
determination if the Petition has complied with the
formal requirements under Secs 29 and 30. IF NOT, the
PENRO may dismiss it without prejudice.

2. If sufficient and compliant in form, the PENRO shall

forward to the RD, who shall forward to Legal Division
Sec. 31
(Region) for early evaluation of substance and basis.
Within 3 days:
PRELIMINARY
Legal Division shall recommend outright dismissal if no
sufficient basis,
EVALUATION
otherwise, forwarded back to RD for issuance of Order
of Investigation (OI)

For DENR-NCR, the Legal Division shall conduct

preliminary evaluation.
 The Petition being declared sufficient in form and
substance, RD shall issue ORDER OF INVESTIGATION
directing the LIO for the conduct of the actual
investigation, ocular inspection and preparation of report.

SUMMONS – within 7 days, the PENRO or RD (if DENR-NCR)

shall issue summons to the registered owner and the
Secs. 32 and 33 petitioner, requesting attendance in a meeting to discuss
the Petition.
ORDER OF
INVESTIGATION If registered owner does not attend, LIO shall proceed with
ocular inspection, and the review of the documentary
and SUMMONS evidence and registration documents.
If registered owner attends, a hearing shall be set and an
ocular inspection shall be conducted along with the review
of the documentary evidence and registration documents
 After termination of the meeting/s and
ocular inspection/s, LIO shall submit an
The IR shall contain the factual findings
INVESTIGATION REPORT to the RD within
on the case and the recommended
30 days, taking into consideration the
appropriate action. The
results of the investigation, meeting/s,
recommendation must be responsive
ocular inspection/s and the pleadings,
to the issue/s.
and documents and other evidence
submitted by the party/ies.

Sec. 34 INVESTIGATION REPORT

Sec. 35 Upon receipt of the IR, the RD
FORWARDING within 1 day, shall forward it to
OF THE the Legal Division for
INVESTIGATION
REPORT BY RD
evaluation and preparation of
TO THE LEGAL the appropriate action
DIVISION document affirming or
denying the recommendation
in the investigation report.
 If there is basis to initiate a reversion case, Legal
Division shall draft a Memorandum Order
(MEMO) addressed to the DENR Secretary thru
the ASEC for Legal Services.

Sec. 36 The MEMO shall contain the facts and the legal
MEMORANDUM basis thereof.
ORDER
The Legal Division shall also draft a Complaint for
Reversion signed by the RD which shall be
attached to the MEMO.
 if no sufficient basis for initiation of a
reversion case, the Legal Division shall draft
a Resolution dismissing the Petition
Sec. 37 containing the reasons and grounds relied
upon.
RESOLUTION
DISMISSING The Legal Division shall forward the draft
THE PETITION MEMO or Resolution to the ARD for
Management who shall forward to RD. (sec.
38)
 Within 30 days from receipt, if the RD decides…
a)that reversion should be filed, RD shall approve
the MEMO and forward the case together with the
draft Complaint for Reversion to DENR Central
Sec. 39 Office for evaluation. If RD’s decision is affirmed,
DENR Central shall forward the case folder to the
RESOLUTION OSG, with the draft complaint for reversion.

OF THE RD
b)NOT to file reversion, RD shall approve the draft
Resolution dismissing the Petition and furnish a
copy to all parties concerned.
 Upon perfection of the appeal,

The entire records of the proceedings and

all documents submitted by the parties
and used as bases for the resolution of the
Sec. 40 case shall be forwarded to the Office of
COMMON the Secretary.

PROVISIONS
Copies shall likewise be sent via email and
electronic media. An electronic copy shall
be retained at the Regional Office.
Scanning of case records shall be done
using the LAMS unit.
Sec. 41 FINAL PROVISIONS

The Rules of Court shall be

applied suppletorily whenever
practicable or convenient.
END.
Thank you. Atty. Jose Jat J. Tabamo IV
PENRO Pampanga

jat.tabamo@gmail.com