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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
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)
FILING OF PROTEST
Detemination
if the Protest
FORMAL EVALUATION Requirements
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 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.
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.
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.
Lawyers ARE NOT ALLOWED during ADR proper except if they are appearing for
themselves
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 7
Within 30 days from receipt of The Decision shall be sent to the If the registry receipt/s of the
Draft Decision, RD shall render a parties by registered mail or parties were not returned,
DECISION which may modify, served personally with the help of CENRO/Regional Office [DENR-
affirm, or overturn the draft the barangay officials NCR] shall secure a certification
decision. (chairman) concerned in the last to that effect from the post
known address and execute an office.
Affidavit of Service therefor within
5 days.
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.
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:
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]
b. material allegations
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,
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
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