Rules and Regulations Implementing PD No. 410 dated March 11, 1974
DENR General Administrative Order No. 01, issued on June 18, 1974, establishes rules for implementing Presidential Decree No. 410, which recognizes ancestral lands occupied by National Cultural Communities as alienable and disposable. The Decree applies to public lands cultivated by these communities for at least 30 years prior to March 11, 1974, with certain exceptions for unappropriated lands cultivated for at least 10 years. It mandates the creation of committees to identify and survey these ancestral lands, which will then be allocated as family-sized farm lots to community members. The Order also outlines processes for issuing Land Occupancy Certificates and prohibits the alienation of granted lands for 10 years, ensuring they can only be transferred to cooperatives or the government during that period. Overall, this Order aims to secure land rights for National Cultural Communities while coordinating with various government and local stakeholders.
June 18, 1974
DENR GENERAL ADMINISTRATIVE ORDER NO. 01
| SUBJECT | : | Rules and Regulations Implementing Presidential Decree No. 410 dated March 11, 1974, Declaring Ancestral Lands Occupied and Cultivated by National Cultural Communities as Alienable and Disposable |
1. For the purpose of implementing Presidential Decree No. 410 dated March 11, 1974 declaring ancestral lands occupied and cultivated by the National Cultural Communities as alienable and disposable, the following rules and regulations are hereby promulgated: cSEDTC
a. Scope of the Decree — As a general rule, PD 410 shall be applicable to lands of the public domain occupied and cultivated by members of the National Cultural Communities by themselves or through their predecessors in interest or ancestors for at least THIRTY (30) years before March 11, 1974. However, unappropriated public agricultural lands occupied and cultivated by members of the National Cultural Communities for at least TEN (10) years but less than THIRTY (30) years before March 11, 1974 are considered part of ancestral lands covered by the Decree.
b. Reservations and/or settlements covered by/exempted from the coverage of, the Decree; need for reassessment etc. —
(1) All reservations including military, reforestation reserves, municipal and city communal forest and pasture reserves, national parks, and all forest areas below 18% in slope alongside rivers, lakes, springs, creeks, and streams with an area of less than 250 hectares, portions of which have been occupied or cultivated by members of the National Cultural Communities (NCC) for at least TEN (10) years before March 11, 1974 should be re-assessed for the purpose of determining the actual needs for reservation. AIDSTE
(2) Subject to disposition under Presidential Decree No. 410 are:
(a) Portions of existing reservations actually occupied and cultivated by members of the National Cultural Communities for at least TEN (10) years before March 11, 1974, and not actually needed for military reservation or any other kinds of public or quasi-public reservation.
(b) Lands falling under reservation below 18% slope.
(c) Lands falling beyond 18% slope up to 50% slope, provided the National Cultural Communities member should plant permanent trees of economic value.
(3) Exempted from the coverage of the decree are lands of the public domain previously reserved for settlement purposes under the administration of the Department of Agrarian Reform and other areas reserved for other public or quasi-public purposes, including proclaimed forest reserves, watershed forest reserves, National parks game and wildlife sanctuaries, national historic sites, forest areas essential to research, scenic, recreation or fish and wildlife purposes. SDAaTC
c. Forest Concessions, leases and pasture leases —
Forest areas presently covered by forest concessions, leases, permits, pasture leases and other forms of licenses and permits issued under Forest Laws, rules and regulations shall likewise be reassessed if presently occupied or cultivated by members of the National Cultural Communities.
d. Special forms for ancestral land patent — Ancestral lands as described and defined in the Decree shall be granted exclusively to members of the National Cultural Communities under a special public land grant to be called ANCESTRAL LAND PATENT, new forms for which including Land Occupancy Certificates, investigation reports and orders of approval or award and patents shall be prepared to conform with the requirements of Presidential Decree No. 410. The application form, investigation reports, orders of approval or award and patents shall contain statements regarding compliance by applicants with the requirements of PD No. 410.
e. Identification, Survey and Subdivision of Ancestral Lands — In each of the twenty-six (26) provinces and one (1) city mentioned in Section 1 of the Decree or in other provinces where the President of the Philippines may later designate areas to be set aside as ancestral lands, a Committee of FIVE (5) shall be created to be composed of the District Land Officer as Chairman, the District Forester as vice-chairman, a representative of the Commission on National Integration, a representative of the Department of Agrarian Reform, and the tribal chief or elder, and in case of Muslim areas, the Iman or the Administrator of the District Mosque, as members, The Committee shall have the duty of investigating and identifying the ancestral lands in their respective Districts and Municipalities taking into consideration the customs and practices of the National Cultural Communities in the area. It shall submit corresponding reports of investigation to the Regional Land Director concerned who shall order and cause the survey and subdivision of the land so identified as ancestral lands into family-sized farm lots not exceeding FIVE (5) hectares each for allocation to the members of the National Cultural Communities, preference to be given to actual occupants; Provided, That all areas described in Sections a, b, & c which were reassessed and considered disposable as ancestral lands but containing timber and other forest products, shall be disposed of subject to Forest laws, rules and regulations. At the same time the committee shall prepare a census of all members of the National Cultural Communities occupying and cultivating the ancestral lands so segregated, investigated and surveyed. EcTCAD
f. Organization of and Membership in Farmers' Cooperatives — Upon completion of the identification and survey of ancestral lands in a particular community, the occupants-cultivators shall immediately be organized into a farmers' cooperative the assistance of the Department of Local Government and Community Development. The Decree requires that a recipient of land allocated under its provisions must first be a member of a farmers' cooperative within his community before a Certificate of Land Occupancy shall be issued to him. However, the cooperatives organized and to be organized in areas where there are members of the National Cultural Communities under the Samahang Nayon Program of the Department of Local Government and Community Development shall be considered as the COOPERATIVES envisioned by the Decree.
g. Land Occupancy Certificates — The issuance of Land Occupancy Certificates shall be sufficient basis for approving the corresponding public land application to be subsequently filed. The investigation of the land for purposes of issuing such Certificate shall in effect be a preliminary investigation. SDHTEC
h. Investigations and Processing of Applications for Ancestral Lands — Preliminary and final investigations for ancestral lands shall be conducted, the corresponding reports accomplished and the applications therefor processed as in homestead and free patent applications, and the pertinent provisions of the Public Land Act, administrative orders, rules and regulations, shall be applicable; Provided, That disposition of residential, commercial and industrial lands under the category of ancestral lands shall be governed by the provisions of Chapter 9 of the Public Land Law; Provided Further, That there shall be no payment on the part of the claimants and no public auction nor bidding.
i. Signing of Patents for Ancestral Lands — All patents for ancestral lands shall be signed by the District Land Officer concerned pursuant to Republic Act No. 6516 amending Section 107 of Commonwealth Act No. 141. HSAcaE
j. Prohibition Against Alienation — Lands granted in accordance with this Decree shall not be transferred, sold or otherwise alienated within a period of TEN (10) years after acquisition of such lands or any right or interest thereto EXCEPT in favor of the cooperative of which the owner is a member or in favor of the government or any of its agencies, branches or instrumentalities. This prohibition shall appear on the face of the Ancestral Land Patent issued in pursuance of the provisions of the Decree.
k. Prohibition against Encumbrances — No mortgage of or other encumbrances on any lands granted under the Decree or any rights or interest therein shall be valid unless approved by the Secretary of Natural Resources or his duly authorized representative.
l. Establishment of Agro-Industrial Projects — The government may establish and develop agro-industrial projects in any ancestral lands that may be selected as suitable for the purpose in the interest of its development program and to enhance progress of the people.
In accordance with Section 7 of the Decree, the Secretary of Natural Resources shall call upon other agencies of the government concerned for this purpose and as far as practicable coordinate closely with the "Samahang Nayon" and/or "Kilusang Bayan," to achieve the desired results. AScHCD
m. The Director of Forest Development and the Director of Lands shall conduct a survey of all possible areas occupied by the National Cultural Communities not included in the provinces enumerated in the decree and recommend to the Secretary of Natural Resources such areas which should be declared as ancestral lands by the President of the Philippines.
n. Consultation with Local Officials and Tribal Chiefs — All actions of the government to implement this Decree, particularly in the identification, survey, subdivision, allocation and final grant of ancestral lots, the Commission on National Integration and/or its local representative, the Barrio or Barangay official, the National Cultural Communities or tribal elder, Chief or Datu and the officers of the Farmers' Cooperative shall be consulted.
2. The inter-agency committee created for the purpose of implementing the provisions of Presidential Decree No. 410 shall, in consultation with all other government agencies and civic or religious organizations, promulgate supplementary rules and regulations for the implementation of the Decree. HESIcT
3. This Order shall take effect immediately.
(SGD.) JOSE J. LEIDO, JR.Secretary of Natural Resources
RECOMMENDING APPROVAL:
(SGD.) RAMON N. CASANOVAActing Director of Lands
(SGD.) JOSE VIADOActing Director of Forest Development