[ DENR ADMINISTRATIVE ORDER NO. 2000 - 62, July 25, 2000 ]
REVISED GUIDELINES ON LAND DISPOSITION AND RECORDS MANAGEMENT
Pursuant to Executive Order No. 192 and consistent with the present thrust of the Department to accelerate land disposition activities in a coherent and uniform manner, improve the present system of administrative titling procedures, and promote the stability of tenurial rights to complement the food security program of the government, the following guidelines are hereby promulgated for the guidance and compliance of all concerned:
A. On the Conduct of Surveys
B. On Filing of Applications
C. On Disposition
D. on Records Management
E. Repealing Clause
All Orders, Rules and Regulations or any part thereof which are inconsistent herewith are hereby repealed or amended accordingly.
F. Effectivity
This Order shall take effect immediately,
Adopted: 25 July 2000
(SGD.) ANTONIO H. CERILLES
Secretary
A. On the Conduct of Surveys
1. | Re-examine all approved cadastral maps and ascertain whether all Land Classification (LC) maps were properly plotted to determine whether the area for disposition falls within the alienable and disposable (A and D) lands. |
2. | Expedite the cancellation or reversion of cadastral lots found within timberland and other protected areas pursuant to DENR Memorandum Circular No. 14, Series of 1994. |
3. | The CENR Officer shall review all pertinent documents prior to the issuance of Survey Authority or Order covering public or government lands. |
4. | All proclamations involving lands whether patrimonial or public domain shall be coursed through the DENR-LMB for plotting/verification in accordance with DAO Nos. 72 dated August 13,1990 and 72-1 dated November 2, 1990. |
5. | The Regional Surveys Division shall regularly update the cadastral maps to reflect correct and current survey pattern. The same shall be reflected in the Unified Projection Maps and Base/Control Maps at the PENRO/CENRO levels, respectively. |
6. | Ensure the submission of the Location Monument Recovery report to be made a part of the Survey Returns pursuant to DAO No. 61, Series of 1993. |
B. On Filing of Applications
1. | All applications to be filed after the effectivity of this Order shall use the new Public Land Application Form as contained in Annex A* of this Order. |
2. | The application must be personally filed by the applicant or by his duly authorized representative before the CENR Office concerned and the same may be rejected by the CENR Office -based on the following grounds; 1) the land is not alienable and disposable land of the public domain; 2) timberland area; 3) proclaimed or reserved area per IPAS Law; 4) overlapping with any other lot with an approved survey plan An application must be accompanied by a certification of the CENR Officer concerned duly annotated on the survey plan itself and under oath that the land is within alienabl and disposable land. However, in NCR and regions of similar situation where the CENR Offices functions have been absorbed by the RED, the required certification shall h issued by ARED for Operations. |
3. | It shall be determined by verifying in the index card and the lot allocation book whether the applicant is the survey claimant in the lot computation sheet or listed in the alphabetical or numerical list of survey claimants. If the applicant is not the survey claimant, he/she must show proof of lawful transfer from the original claimant to the present applicant. |
4. | The Records Officer of the CENR Office, upon receipt of the application, shall ascertain the completeness of the documents submitted before the public land application is accepted and officially numbered. |
5. | The accepted applications, which have complied in form and substance, shall then be forwarded by the Records Officer to the Land Management Officers who shall immediately refer or assign the same to the Land Inspector for appropriate field inspection. |
6. | All Land Inspectors/Land Investigators shall, within fifteen (15) days from the lastday of posting of notice of free patent application, as prescribed by the rules, or upon receipt of referral from the Land Management Officer' conduct the necessary field inspection on the application assigned or referred to them. Thereafter, the Land Inspectors/Land Investigators shall prepare and submit updated monthly reports under oath to the CENRO or the action taken by them on the application and the status thereof. Consequently, the Land-Management Officer shall monitor these applications and submit monthly reports for this purpose. |
C. On Disposition
1. | Upon discovery of any false, fraudulent, inaccurate, and falsified material information in the preliminary examination, the application shall be rejected immediately Administrative and criminal sanctions shall be imposed on personnel and officials who participated in the commission of such misrepresentation. |
2. | No transfer of rights during the pendency of the application shall be allowed except to homestead applications and in cases of hereditary succession with prior approval the office concerned. |
3. | No application shall be given due course unless all fees are paid and existing rules and regulations are fully complied with such as publication requirements and submission of required certifications from concerned government agencies. |
4. | Rigged biddings are prohibited and proper charges shall be filed against responsible officials and other persons. |
5. | Within ten (10) days upon receipt of the report as submitted by Land inspectors/Land Investigator on the applications, the CENRO shall prepare and issue orders approving, canceling and/or rejecting the application stating the reasons or grounds therefor. All public land application shall be acted with dispatch. |
D. on Records Management
1. | There shall be continuous training of personnel on Records Management to upgrade their knowledge and skills on the latest development trends on records and information management to include the latest digital technology |
2. | The handling, control and management of DENR land records shall be strictly in accordance with the Operation Manual on the New DENR Records Management System pursuant to DENR Administrative Order No. 36, Series of 1993. |
E. Repealing Clause
All Orders, Rules and Regulations or any part thereof which are inconsistent herewith are hereby repealed or amended accordingly.
F. Effectivity
This Order shall take effect immediately,
Adopted: 25 July 2000
Secretary