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Department of Environment and Natural Resources – Environmental Management Bureau

(DENR – EMB)

The issue of overlapping jurisdiction between the Department of Agrarian Reform (DAR),
Department of Environment and Natural Resources (DENR), and National Commission on
Indigenous Peoples (NCIP) is a well – recognized concern of the mentioned agencies.
Overlapping land titles pose a major obstacle to government programs. There can be as many
as five different documents overlapping on a single piece of land. One is the Certificate of
Ancestral Domain Title (CADT) issued by the NCIP. Another is the DAR-issued Certificate of
Land Ownership Award (CLOA). Third are patents from the DENR for forestlands. Fourth are
judicial titles issued by the court. Fifth are tax declarations issued by the local government units
to private persons. As such, Joint DAR-DENR-LRA-NCIP Administrative Order No. 01 “the Joint
Order” has been issued last January 25, 2012 to address said issues of overlapping jurisdiction,
operational issues, and conflicting claims by and among the aforementioned agencies.

In the case at bar, the issue may fall under paragraph b, section 12 of the Joint Order
which recognizes “titled lands with registered as CLOAs, EPs, and Patents within
CADT/CALT/CADC/CALC” as one of the contentious areas/issues which are subject of
operational issues and conflicting claims.

Pursuant to the Joint Order, the group identified the following actions which DENR may
undertake in order to provide relief on the settlement of the case:

 DENR may be asked to produce the juridical titles of the subject property since they are
the ones who conducted the land survey on which they are based.

 DENR may be asked to survey again and account for inventory of the subject property in
order to update inconsistencies and/or differences.

 DENR may act as a mediator between the conflicting parties and will provide land
management officer and legal officers as accredited mediators pursuant to Republic Act
9285 or Alternative Dispute Resolution Act of 2004 and Department Administrative Order
NO. 2005-18 or the Adoption of ADR Principles and Procedures in the Resolution of
Appropriate Environment and Natural Resources Conflicts.