Republic of the Philippines

Department of Environment and Natural Resources

LAND MANAGEMENT BUREAU
New MGB Building, North Avenue, Diliman, Quezon City

MEMORANDUM

FOR : The Acting Director

FROM : The Chairperson, Policy Review Committee (PRC)

SUBJECT : PROPOSED DRAFT DAO ENTITLED "PROCEDURE IN THE

RESOLUTION OF CLAIMS AND CONFLICTS CASES
INVOLVING PROPERTIES WITHIN THE ADMINISTRATIVE
JURISDICTION OF THE LAND MANAGEMENT BUREAU
(LMB)"

DATE :

This pertains to the proposed DENR Administrative Order with the abovementioned
subject together with its Complete Staff Work (CSW).

BACKGROUND

Since time immemorial, the Land Management Bureau (LMB) have been using Land
Office Circular (LOC) No. 68 in the disposition and investigation of cases of claims and conflicts
within the jurisdiction of Regional Offices of DENR and Central Office of the Lands Management
Bureau. On December 29, 2016, the DENR issued DENR Administrative Order (DAO) No. 2016-
31 entitled “Procedure in the Investigation and Resolution of Land Claims and Conflicts Cases”.
However, under the said DAO, there is no procedure indicated in the said DAO that specifically
pertains to LMB.

Because of the absence of complete procedure in claims and conflicts cases, the action
officer is in limbo as to what procedure will he use/apply. The absence of the law can be best
described like a man with a bow aiming in the darkness without firm accuracy on the target. This
confusion results into the delay of the process because there are different interpretation on the
abovementioned procedures. To address the confusion on the application of the law, the proposed
policy was drafted in order to have a uniform procedure on land claims and conflicts within the
jurisdiction of LMB which was patterned to DAO 2016-31.

The draft DAO was approved by the Policy Formulation Group (PFG) on June 14, 2018,
and Policy Review Committee (PRC) on October 24, 2018.

LEGAL BASES

1. Commonwealth Act No. 141 or the “Public Land Act”, Sections 4, 91 and 102.
 2. Executive Order No. 192 Series of 1987 or the “Reorganization of the DENR”
3. DENR Administrative Order No. 2014-01
4. DENR Administrative Order No. 2005-22

SALIENT FEATURES

The salient features of the proposed DAO are as follows:

1. This policy aims to provide a comprehensive procedure and workflow for the expeditious
investigation and resolution of land claims and conflicts cases within the jurisdiction and
administration of LMB.

2. The LMB is not precluded from considering the documents already submitted by the parties
in case each of them are declared in default.

POTENTIAL PROBLEM

No potential problem is foreseen considering that the draft DAO is pursuant to the existing
rules and issued policy on the matter.

RECOMMENDATION

We strongly recommend for the approval of this policy as it will provide a clearer and
standard procedure in the investigation and resolution of land claims and conflicts cases within the
jurisdiction and administration of LMB. Attached are pertinent documents and plan for your
reference.

For your consideration and approval.

ATTY. EMELYNE V. TALABIS, CESE