Environmental Management Bureau
secure an ECC.
Executive Order No. 192 (June 10, 1987) -
reorganized the Department of Environment, Energy and
Natural Resources (DEENR) and renamed it as the
Department of Environment and Natural Resources
(DENR), with the Environmental Management Bureau
(EMB) created as a staff bureau under the DENR,
absorbing the powers and functions of the abolished
National Environmental Protection Council (NEPC), the
National Pollution Control Commission (NPCC), and the
Environmental Center of the Philippines (ECP).
Republic Act No. 8749 (June 23, 1999) -
otherwise known as the Philippine Clean Air Act of 1999,
converted EMB from a staff to a line bureau.
The Environmental Management Bureau (EMB)
formulates plans, programs, and appropriate
environmental quality standards for the prevention and
control of pollution and the protection of the
environment, and ensures their implementation.
The Environmental Management Bureau (EMB)
is a Line Bureau to implement and enforce six (6) major
environmental laws:
- PD 1586 Environmental Impact Statement
System 1976 (requires proponent of
Environmentally Critical Projects (ECPs) and
projects located within Environmentally
Critical Areas (ECAs) to obtain an
Environmental Compliance Certificate (ECC)
prior to the commencement of the project.
Meanwhile, those projects, which are not
considered as ECP nor located within an
ECA and are unlikely to cause adverse
environmental impacts, are outside the
purview of the EIS System. These projects
are issued with Certificate of Non-Coverage
(CNC) upon request of the proponent.
- Proponent – any natural or juridical person
intending to implement a project or
undertaking.
- R.A 9669 Toxic Substances and Hazardous
and Nuclear Wastes Control Act of 1990
- R.A 8749 Clean Air Act 1999
- Ecological Solid Wastes Management Act of
2000
- R.A Clean Water Act of 2004
- R.A 9512 National Environmental
Awareness and Education Act of 2008
Certificate of Non- Coverage
- A certification issued by the EMB certifying
that, based on the submitted project
description, the projects is not covered by
the EIS System and is not required to
Environment Compliance Certificate (ECC)
- is a document issued by the DENR/ EMB
after a positive review of an ECC
application, certifying that based on the
representations of the proponents, the
proposed project or undertaking will not
cause significant negative environmental
impact.
- the ECC also certifies that the proponent
has complied with all the requirements of
the EIS System and has committed to
implement its approved Environmental
Management Plan.
- The ECC contains specific measures and
conditions that the project proponent has to
undertake before and during the operation
of a project, and in some cases, during the
project’s abandonment phase to mitigate
identified environmental impacts.
Environmentally Critical Area (ECA)
- is an area delineated as environmentally
sensitive such that significant
environmental impa
- cts are expected if certain types of proposed
projects or programs are located, developed
or implemented in it.
- a project or program that has high potential
for significant negative environmental
impact.
Environmental Impact Assessment
- is a process that involves evaluation and
predicting the likely impacts of a project
(including cumulative impacts) on the
environment during construction,
commissioning, operation and
abandonment.
- It also includes designing appropriate
preventive, mitigating and enhancement
measures addressing these consequences
to protect the environment and the
community’s welfare.
- The process is undertaken by, among
others, the project proponent and/or EIA
Consultant, EMB, a Review Committee,
affected communities and other
stakeholders.
Environmental Impact Statement (EIS)
- Is a document, prepared and submitted by
the project proponent and/or EIA Consultant
that serves as an application for an ECC. It
is a comprehensive study of the significant
impacts of a project on the environment.
- In determining the scope of the EIS
System, two factors are considered:
- 1. the nature of the project and its potential
to cause significant negative environmental
impacts, and
- 2. the sensitivity or vulnerability of
environmental resources in the project area.
 The specific criteria for determining projects or - Multiple use and sustained yield
undertakings to be covered by the EIS System are as management
follows: - Prevent Kaingin
a. Characteristics of the project or undertaking
- Classification
• Size of the project - Enforcement of forestry law
• Cumulative nature of impacts vis-à-vis other
projects The law places emphasis not only on the utilization of
• Use of natural resources forest resources but more so on the protection,
• Generation of waste and environment-related rehabilitation and development of forest lands, in
nuisance order to ensure the continuity of their productive
• Environment-related hazards and risk of condition.
accidents.
State policy
b. Location of the Project
The state adopts the following policies:
• Vulnerability of the project area to disturbances
due to its ecological importance, endangered or a. The multiple uses of forestlands shall be
protected status
oriented to the development and progress
• Conformity of the proposed project to existing
land use, based on approved zoning or on requirement of the country, the advancement of
national laws and regulations service and technology, and public welfare.
• Relative abundance, quality and regenerative b. Land classification and survey shall be
capacity of natural resources in the area, systematized
including the impact absorptive capacity of the c. The establishment of wood-processing plants
environment. shall be encourage and rationalized
d. The protection, development and rehabilitation
c. Nature of the potential impact
of forestland shall be emphasized so as to
• Geographic extent of the impact and size of ensure their continuity in productive condition.
affected population
• Magnitude and complexity of the impact DENR (Department of Environment and National
• Likelihood, duration, frequency, and Resources)
reversibility of the impact.
- It is the policy of the State to ensure, for the
benefit of the Filipino People, the full
Forest Management Bureau exploration and development as well as
the judicious disposition, utilization,
Vision
management, renewal, and conservation
A forest that creates wealth for our nation as the of the country’s forest, mineral, land, waters,
cradle of life, nurtured by our people's aspiration for a fisheries, wildlife, off-shore areas and other
just, humane and progressive society guided by the natural resources, consistent with the
ideals of our ancestors and the blessings of God necessity of maintaining a sound
Almighty. ecological balance and protecting and
enhancing the quality of the environment
Mission and the objective of making the
exploration, development, and utilization
Advancing the cause of sustainable of such natural resources equitably
management of forest resources through a dynamic accessible to the different segments of the
government forest service organization composed of present as well as future generation.
competent public servants. - They primarily responsible for the
implementation of the forgoing policy.
REVISED FORESTRY CODE PD NO. 705
- The DENR shall assure the availability and
Responsibilities of the Forest Management Bureau sustainability of the country’s natural
resources through judicious use and
- Protection and development systematic restoration or replacement,
- Regulation and supervision whenever possible, and increase the
productivity of natural resources in order to
meet the demands for the product from
 forest, mineral, land, and water resources of
a growing population.
Policy Determining by the executive branch on the
proper management of forest resources cannot as a
rule be interfered with by the courts.
LGU’s authority to manage and control communal
forests within their territorial jurisdiction is subject
to supervision, control and review of the DENR
Organization of the Forest Management Bureau
- Headed by a director, who is assisted by
one or more Assistant Directors. The
Director and Assistant Directors are
appointed by the President.
Supervision
- Directly under the control and supervision of
the DENR Secretary.
Review
- All action and decisions of the Bureau of
Director are subject to review, motu propio
or upon appeal of any person aggrieved
thereby, by the DENR secretary whoses
decision shall be final and executor after the
lapse of 30 days from the receipt by the
aggrieved party of said decision, unless
appealed to the President in accordance
with E.O 19, s. of 1966.
Exhaustion of administrative remedies
- This doctrine calls for resort first to the
appropriate administrative authorities in
the resolution of a controversy falling under
their jurisdiction before the same may be
elevated to the courts of justice for review.
- The theory is that the administrative
authorities are in a better position to resolve
questions addressed to their particular
expertise and that errors committed by
subordinates in their resolution may be
rectified by their superiors if giver a chance
to do so.
Jurisdiction
The bureau has jurisdiction and authority over all
forestlands, grazing lands, and all forest reservations
including watershed reservation presently administered
by other government agencies or instrumentalities.
The Bureau shall be responsible for the:
- Protection, development, management,
regeneration, and reforestation of forest land
- Regulation and supervision of the operation
of licenses, lessess and permitees for the
taking or use of forest products therefrom or
the occupancy or use thereof;
- Implementation of multiple use and
sustained yield management in forest lands;
the protection, development and
preservation of national parks, marine parks,
game refuges and wildlife.
- Implementation of measure and programs to
prevent kaingin and managed occupancy of
forest and grazing lands;
- The effective, efficient and economic
classification of lands of the public dominion
- Enforcement of forestry, reforestation, parks,
game and wildlife laws, rules and
regulations.
Holder of a pasture lease agreement has right of
possession.
Public forests or forests reserves are not capable of
private appropriation
Topography
- No land of the public domain 18% in slope
or over classified as alienable and
disposable, nor any forest land 50% in slope
or over, as grazing land.
Mangrove swamps are in the category of forest
lands.
Forest lands are not registrable.
Utilization and Management
- Only the utilization, exploitation, occupation
or possession of any forestland, or any
activity therein, involving one or more or its
resources, which will produce the optimum
benefits to the development and progress of
the country and the public welfare, without
impairment or with the least injury to its
other resources, shall be allowed.
Preservation and protection of forest
- the pressing need for forest preservation,
conservation, protection, development and
reforestation. Not without justification. For,
 forest constitute a vital segment of any
country’s natural resources.
- Justice Malcolm stated: “Indubitably, there
should be conservation of the natural
resources of the Philippines. The prodigality
of the spendthrift who squanders his
substances for the pleasure of the fleeting
moment must be restrained for the less
spectacular but surer policy which protects
Nature’s wealth for future generation.
Principle of Inter-generational responsibility
- OPPOSA VS FACTORAN bears upon the
constitutional right of Filipinos to a balanced
and healthful ecology which the petitioners
dramatically associate with the twin concept
of “inter-generational responsibility” and
inter-generational justice.
- Every generation has a responsibility to the
next to preserve that rhythm and harmony
for the full enjoyment of a balanced and
healthful ecology. Put alittle differently, the
minors assertion of their right to a sound
environment constitutes, at the same time,
the performance of their obligation to ensure
the protection of that right fir the generation
to come.
Timber licence is not a contract but a mere privilege
which does not create irrevocable rights.
Licence Agreement, licence, lease or permit
- No person may utilize, exploit, occupy ,
possess or conduct any activity within any
forest land, or establish and operate any
wood-p processing plant, unless he has
been authorized to do so under a licence
agreement, lease, licence, or permit.
- The license takes his license subject to such
conditions as the grantor sees fit to impose,
including its revocation at pleasure.
Duration of License or licence to harvest timber in
forest lands.
- The duration of the privilege to harvest
timber in any particular forest land under a
licence agreement or license shall be fixed
and determined in accordance with the
annual allowable cut therein, the established
cutting cycle thereof, the yield capacity of
harvestable timber, and the capacity of
healthy residuals for a second growth.
- The privilege shall automatically terminate,
even before the expiration of the license
agreement of license, the moment
harvestable timber have been utilized
without leaving any logged-over are capable
of commercial utilization
- The maximum period of any privilege to
harves timber is 25 years, renewable for a
period, not exceeding 25 years, necessary
to utilize all the remaining commercial
quantity or harvestable timber either from
the unlogged or logged over are.
- Shall reforest all the areas which shall be
determined by the Bureau.
Size of Forest concession
- Shall be limited to that which a persom may
effectively utilize and develop for a period of
50 years, considering the cutting cycle, the
past performance of the applicant and his
capacity not only to utilize but more
importantly, to protect and manage the
whole are, and the requirements of
processing plants existing or to be installed
in the region.
REFORESTATION
a. Forest Land to be restored
- The following shall be reforested and
covered with suitable and sufficient trees, to
wit:
- a) bare or grass-covered tracts of forest
land with at least 50% slope.
- b) same but with the slop of less than 50%,
but with the soil highly erodible as to make
grass cover inadequate for soil erosion
control;
- c) brush land or tracts of forest land
generally covered with brush which need to
be developed to increase productivity;
- d) open tracts of forest land with slopes or
gradients generally exceeding 60%,
interspersed with patches of forest each of
which is less than 250 hectares in area;
- e) denuded or inadequately- timbered areas
proclaimed b the president as forest
reserves and reservation as critical
watersheds, national parks, game refuge,
bird sanctuaries, natural shrines, national
historic sites;
- f) inadequately stocked forest land leases
or permits having a slope of at least 50%;
and
 - h) river banks, easments, road right- of-
ways, deltas,swamps, former river beds, and
beaches.
Industrial tree plantation and tree farms
- a least for a period of 25 years, renewable
for another period not exceeding 25 years,
for the establishment of an industrial tree
plantation of a tree farm may be granted by
the DENR, upon recommendation of the
Director, TO ANY PERSON QUALIFIED to
develop and exploit natural resources, over
timber or forest lands of the public domain
with minimum area of 1,000 hectares for
industrial tree plantation and 100 hectares
for tree farm,
- No lease shall be granted within critical
watershed.
Forest Protection
a. Control of concession area
- in order to achieve the effective protection of
the forest land and the resources thereof
from illegal entry, unlawful occupation,
kaingin, fire, insect infestation, theft and
either forms of forest destruction, the
utilization of timber therein shall NOT BE
ALLOWED except through license
agreement under which the holder
thereof shall have the exclusive privilege
to cut all the allowable harvestable
timber in their respective concession, and
additional right of occupation, possession,
and control over the same, the exclusive of
all others, EXCEPT THE GOVERNMENT
- But with CORRESPONDING OBLIGATION
TO ADOPT ALL THE PROTECTION AND
CONSERVATION MEASURES and
ENSURE THE CONTINUITY OF THE
PRODUCTIVE CONDITION OF SAID
AREAS, CONFORMABLY WITH
MULTIPLE USE AND SUSTAINED YIELD
MANAGEMENT.
Regulation of timber utilization in all other classes of
lands and wood- processing plants
- The utilization of timber in alienable and
disposable lands, private lands, civil
reservation, and all lands containing
standing of felled timber, including those
under the jurisdiction of other government
agencies, and the establishment and
operation of sawmills and other wood
processing plants, SHALL BE REGULATED
IN ORDER TO PREVENT THEM FROM
BEING USED AS SHELTER FOR
EXCESSIVE AND UNAUTHORIZED
HARVESTS IN FOREST LANDS, AND
SHALL NOT THEREFORE BE ALLOWED
EXCEPT THROUGH A LICENCE
AGREEMENT, LEASE or PERMIT.
Swamplands and Mangrove
- Strips of mangrove which protect the
shorelines or even coastal communities form
the destructive force of the sea during high
winds and typhoons, SHALL BE
MAINTAINED and SHALL NOT BE
ALIENATED.
- They are not to be subject to clear-cutting
operation
Visitorial power
- The DENR secretary, by himself or through
the Director or any qualified representative,
may investigate, inspect and examine
records, book, and other documents relating
to the operation of any holder of a license
agreement, license, permit and its subsidiary
if affiliated companies, TO DETEMINED
COMPLIANCE WITH TERMS AND
CONDITIONS THEREOF, the revised
Forestry Code and other pertinent laws and
regulation
Authority of forest officer
- In the performance of their duties,
authorized officer SHALL HAVE FREE
ENTRY INTO AREAS COVERED BY A
LICENCE AGREEMENT, LICENSE, or
PERMIT.
- Forest officer are authorized to administer
oath and take acknowledgment in official
matters connected with the function of their
office, and to take testimony in investigation
conducted under the authority of this code
and implementing rules and regulations.
Mining operation
- Shall be regulated and conducted with due
regard to protection, development, and
utilization of other surface resources.
- Location, exploration, and utilization shall be
governed by mining laws etc.
Mineral Reservation
- Are not subject to mining operation or when
suspended for more than 5 years shall be
place under forest management.
- Operation that has been terminated due to
exhaustion of its mineral shall revert to the
category of forestland, unless otherwise
reserved for other purposes.
Special Uses
Pasture in Forest Land
- No forest land 50% in slope or over may be
utilized for pasture purposes
- Those being utilized for pasture shall
maintained with sufficient grass cover to
protect soil, water and other forest
resources.
Wildlife
- May be destroyed, killed, consumed, eaten,
or otherwise disposed of without the
necessity if permit, for the protection of life,
health, safety and property, and the
convenience of the people.
- However, the Director may regulate the
killing and destruction of wildlife in forestland
in order to maintain an ecological balance of
flora and fauna.
Recreation
- In preparation of multiple uses management
plans, identify and provide for the protection
of scenic areas in all forest lands which are
potentially valuable for recreation and
tourism, and plan for development and
protection of such areas TO ATTRACT
VISITOR THERETO and MEET
INCREASING DEMANDS THEREFOR.
Qualifications
Diffusion of benefits
- The privilege to utilize, exploit occupy or
possess forestland, or to conduct any
activity therein, or to establish and operate
wood-processing plants, shall be diffused to
as many qualified and deserving applicants
as possible.
- In the evaluation of applocants of
corporations, increased Filipino equity and
participation beyond the 60% constitutional
limitation shall be encourage. Filipino shall
be preferred.
Service Contract
- The Secretary may, in interest of national
interest, allow forest products licensees,
lessees, or permittees to enter into contract
for financial, technical, management or other
forms of assistance, in consideration of a
fee, with any foreign person or entity fir the
exploration, development, exploitation or
utilization of the forest resource.
Criminal Offenses and Penalty
Cutting, gathering and/or collecting timber or other
products without license.
Sec 68, PD no. 708, as amended by EO no. 277,
dated July 25, 1987
- Any person who shall cut,gather, collect,
removed timber or other forest products
from any forest land from alienable or
disposable public land, or private land,
WITHOUT ANY AUTHORITY/ LEGAL
DOCUMENTS as require by law shall be
punished by ART 301 and 310 of RPC.
Order of CONFISCATION and REWARD
INFORMANTS
DENR has jurisdiction over the confiscation of forest
products and conveyances used in the commission
of the offense.
DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES
- The public land act provides that the
Secretary of Environment and Natural
Resources is the Executive officer charge
with carrying out the provision of the
Public Land Act, through the Director of
Lands, who shall act under his immediate
control.
- The Director of Lands, shall have the
direct executive control of the surveys,
classification, lease, sale or any other form
of concession or disposition and
management of the lands of the public
domain and his decision as to question of
fact shall be conclusive when approved by
the Secretary of DENR, in the absence of a
showing that such decision was rendered in
judgement in estimating the value or effect
 of evidence, regardless of whatever or not it
is consistent with preponderance of the
evidence, so long as there is evidence of
finding could be made.
The DENR is the primary government instrumentality
charged with the mandate of promulgation rules and
regulations for the protection of the environment
and conservation of natural resources, but it is not
only the government instrumentality clothed with
authority.
Municipal government are clothed with authority to
enact ordinance and issues regulations as may be
necessary to provide for the health, safety, comfort, and
convenience, maintain peace and order, improve public
morals etc.
MANDATE
The Department is the primary agency responsible for
the conservation, management, development, and
proper use of the country’s environment and natural
resources, specifically forest and grazing lands, mineral
resources, including those in reservation and watershed
areas, and lands of the public domain, as well as the
licensing and regulation of all natural resources as may
be provided for by law in order to ensure equitable
sharing of the benefits derived therefrom for the welfare
of the present and future generations of Filipinos.
To accomplish this mandate, the Department shall be
guided by the following objectives:
1. Assure the availability and sustainability of the
country's natural resources through judicious use and
systematic restoration or replacement, whenever
possible;
2. Increase the productivity of natural resources in order
to meet the demands for forest, mineral, and land
resources if a growing population;
3. Enhance the contribution of natural resources for
achieving national economic and social development;
4. Promote equitable access to natural resources by the
different sectors of the population; and
5. Conserve specific terrestrial and marine areas
representative of the Philippine natural and cultural
heritage for present and future generations.
Special Function of the Department Secretaries
Powers and function
a. Shall exercise supervision and control over
forest land, alienable and disposable public
lands, mineral resources and in the process
of exercising such control, impose
appropriate taxes, fees, charges, rentals and
any such form of levy and collect such
revenues for the exploration, development,
utilization or gathering of such resources
b. Promulgate rules and regulation and
guidelines on the issuances of licenses,
permits, concession, lease agreements and
such other privileges concerning the
development, exploration and utilization of
the country’s marine, freshwater, and
brackish water and over all aquatic
resources;
c. Cancel or cause to cancel such privileges
upon failure, non compliance or violation of
any regulation, order, and all other causes
which are in furtherance of the conservation
of natural resources and supportive of the
national interest;
d. Exercise exclusive jurisdiction on the
management and disposition of all lands of
the public domain and serva a sole agency
responsible for classification, sub
classification, surveying and titling of lands
in consultation with appropriate agencies.
Department is mandated to accelerate cadastral and
emancipation paten surveys, land use planning and
public land titling.
KEY STRATEGY
1. Adoption of the watershed/river basin framework
in planning
Prioritizing areas within the watershed
Forest Land Use Planning
Adopting soil and water conservation measures
Agroforestry systems
2. Closing open access areas of forestlands by
granting appropriate tenure/ management
arrangement
3. Convergence approach among NGAs, LGUs and
CSOs
4. Area management approach - an integrated area
development where all basic societal and economic
services are delivered in an area for more impact
5. Capacity building of DENR frontliners, LGus, CSO
partners, POs and docial entrepreneurs
6. IEC, advocacy and social mobilization
7. Certification Systems
ATTACHED AGENCIES
NATIONAL MAPPING AND RESOURCE
INFORMATION AUTHORITY (NMRIA) -is mandated to
provide the public with mapmaking services and to act
as the central mapping agency, depository, and
distribution facility for natural resources data in the form
of maps, charts, texts, and statistics.
LLDA ( LAGUNA LAKE DEVELOPMENT CORP)- To
manage, develop and transform the Laguna de Bay
Region into a vibrant economic zone through
conservation of lake basin resources and good
governance with the participation of empowered and
responsible stakeholders.
To catalyze Integrated Water Resource Management in
the Laguna de Bay Region, showcasing the symbiosis of
man and nature for sustainability, with focus on
preserving ecological integrity and promoting economic
growth with equitable access to resources.
NATIONAL RESOURCES DEVT CORP- is a
government-owned and controlled corporation attached
to the Department of Environment and Natural
Resources. It is mandated to promote investments in
natural resource-based industries by providing financial,
technical and management assistance.
Since its creation in 1982, NRDC has been involved in
projects like reforestation, management and disposition
of lahar materials, mining, development of patrimonial
properties and fund management for EIA RC.
NATIONAL WATER RESOURCES BOARD -The
NWRB is the government agency that is
responsible for all the water resources in the
Philippines. It coordinates and regulates all water-
related activities in the country that has impact on
the physical environment and the economy.
The NWRB has the following mission:
• To allocate sufficient water for optimal beneficial use;
• To ensure access to safe water supply and adequate
sanitation services; and
•To preserve flow regimes for ecological integrity.
The NWRB has three major functions:
• Policy formulation and coordination
• Resource regulation
• Economic regulation
PHIL. MINING DEVT CORP- the PMDC was
designated/appointed as the new implementing arm of
the DENR in undertaking the mining and mineral
processing operations in the 8,100 hectare Diwalwal
Mineral Reservation located in the municipality of
Monkayo, Compostela Valley Province.
the PMDC is a wholly-owned and controlled government
corporation with an initial authorized capital stock of One
Hundred Million Pesos (100,000,000.00), 55% of the
equity of which was from the Natural Resources
Development Corporation (NRDC), and 45% from the
Philippine National Oil Corporation – Energy
Development Corporation (PNOC-EDC).
PHIL. RECLAMATION AUTHORITY- are the lead
government instrumentality mandated to regulate
reclamation, create environmentally sustainable
reclaimed land, promote coastal resilience, and develop
government properties to advance the country's
development goals.
A government agency attached to the Department of
Environment and Natural Resources (DENR), PRA
performs both regulatory and proprietary functions. Its
programs and projects are supportive of government’s
thrust towards sustaining economic gains by generating
local and foreign investments in large-scale reclamation
and development projects.
Its charter vests PRA with the power and authority to
develop and dispose idle public lands, to enter into
contracts and loan agreements with private, public or
foreign entities and to exercise the right to eminent
domain in the name of the Republic of the Philippine
PALAWAN COUNCIL FOR SUSTAINABLE DEVT –
The legitimization of Republic Act 7611 or the Strategic
Environmental Plan for Palawan Act launched not only a
distinct and proactive law but also introduced a unique
body that carries powerful responsibility and locally
working only in one province like Palawan. While SEP is
a national law, its effectivity covers only Palawan. This
body is called the Palawan Council for Sustainable
Development (PCSD).
The PCSD is a multi-sectoral and inter-disciplinary body,
which under the law is charged with the governance,
implementation and policy direction of the SEP.
LAND MANAGEMENT BUREAU
Mandate
- The department is the primary government
agency responsible for the
CONSERVATION, MANAGEMENT,
DEVELOPMENT, AND PROPER USE OF
THE COUNRY’S ENVIRONMENT AND
NATURAL RESOURCES, specifically forest
and grazing lands, mineral resources,
including those in reservation and watershed
areas, and lands of the public domain, as
well as the licensing and regulation of all
natural resource as may be provided for by
law in order.
Specific Function of the LMB officers
Headed by a Director and assisted by an Assistant
Director who shall advise the Department Secretary on
matters pertaining to rational land classification
management and disposition and shall have the
following functions:
➢ Recommend policies and programs for the efficient
and effective administration, surveys, management and
disposition of alienable and disposal lands of public
domain and other lands outside the responsibilities of
other government agencies;
Advise regional offices on the efficient and effective
implementation of policies, programs and projects for
more effective public land management;
➢ Assist in the monitoring and evaluation of land
surveys, management and disposition of lands to ensure
efficiency and effectiveness thereof;
➢ Issue standards, guidelines, regulations and orders to
enforce policies for the maximization of land use and
development;
➢Develop operating standards and procedures to
enhance the Bureau’s objectives and functions;
➢ Assist the Secretary as executive officer charged
with carrying out the provision of Public Land Act.
➢Perform other functions as may be assigned by the
Secretary and/or provided by law.
Delegated functions A.O no. 38, s. of 1990
Department Secretary
✓ Approves the appraisal of public lands and issues
authority to conduct bidding covering agricultural land
sales above 5 hectares and leases covering 100
hectares and above;
✓ Approves transfer of public land applications or deeds
of sale/mortgage of patented land above 12 hectares;
✓ Decides cases on appeal involving claims/conflicts
over public lands;
✓ Signs patents for areas more than 5 hectares for
sales and more than 10 hectares for homestead and free
patents.
o Regional Executive Director (RED)
✓ Issues orders of bidding and signs contracts for
cadastral and public land subdivision survey projects;
✓ Issues investigation orders involving patented lots;
✓ Decides claims and conflicts involving public lands;
✓ Issues orders of execution;
✓Signs patents and reconstituted patents for areas up
to 5 hectares for sales and 5-10 hectares for homestead
and free patent;
✓Issues original revocable or provisional permits for
alienable and disposable lands.
Regional Technical Director (RTD)
✓ Verifies, approves and sign maps and plans for
public land subdivision, cadastral and isolated survey; ✓
Approves plan for agrarian reform projects;
✓ Verifies and approves political boundary surveys;
✓ Issues survey orders for public land subdivision and
cadastral survey covering land up to 500 hectares.
Provincial, Environment and Natural Officer (PENRO)
✓ Issues certificates of land classification for areas over
50 hectares;
✓ Approves appraisal of public lands and issues
authority to conduct bidding on sales and leases for
areas up to 1,000 sq. m. for commercial, industrial and
residential purposes;
✓ Approves appraisal of public lands and issues
authority to conduct bidding covering leases below 5
hectares for agricultural purposes;
✓ Issues orders of investigation involving claims and
conflicts over unpatented lots;
✓ Signs patents and reconstituted patents for areas up
to 5 hectares for homestead and free patent.
The Community Environment and Natural Resources
Officer (CENRO)
✓ Issues survey orders to conduct isolated surveys;
✓ A mode of acquiring alienable and disposable lands
of the public domain for agricultural purposes
conditioned upon actual cultivation and residence.
• Any citizen of the Philippines over 18 or head of the
family may enter a homestead of not exceeding 12
hectares of agricultural land of public domain.
• The applicant must, cultivate or improved at least 1/5
of the land continuously since the approval of the
application.
•Must resided for at least 1 year in the municipality or
municipality adjacent in which the land is located.
•Payment of required fee

✓ Issues certificate of land classification for areas

Sales Patent
below 50 hectares;
✓A patent issued for the type of application covering
✓ Accepts public land applications and processes the
lands of the public domain for agricultural purposes and
same;
sold at public auction thru sealed bidding.
✓ Conducts oral or sealed bidding for the sale or lease
• Any citizen of lawful age or the head of the family may
of public lands; purchase any tract of public agricultural land not to
exceed 12 hectares which shall be sold through sealed
✓ Issues survey orders for the subdivision of cadastral
bidding .
lots for patented and unpatented lands.
• The land shall be awarded to the highest bidder, but
CLASSIFICATION OF LANDS
the applicant may equal the highest bid.
In general
• The purchase price may be paid in full upon the
a. Lands of Public Domain making of the award or in not more than 10 equal annual
b. Lands of Private Domain installments from the date of the award

According to Civil Code • It is required that the purchaser shall have not less
than 1/5 of the land cultivated within 5 years from the
a. Public dominion date of the award, and before any patent is issued, he
b. Patrimonial Prop. must show actual occupancy, cultivation and
improvement of at least 1/5 of the land until the date of
According to the 1987 Constitution final payment.

a. Agricultural lands Miscellaneous Sales Patent

b. Forest or timber
c. Mineral lands ✓ REPUBLIC ACT NO. 730 is an act permitting sale
d. National Parks without public auction of alienable and disposable lands
of the public domain for residential purpose.
1935 consti
•A Filipino citizen of lawful age, married; if single,
a. Agri land applicant must be the head or bread winner of the family;
b. Timber or forest
c. Mineral lands • He is not the owner of a home lot in the
municipality/city where the land applied for is located;
Homestead Patent
• He must have occupied in good faith the land applied
for and constructed a house thereon where he/she and
family is actually residing.
• The applicant can only be granted a maximum area of
1,000 square meters.
Lease
✓ A privilege granted by the State to a person, private
corporation, association or partnership, to occupy and
possess, in consideration of specified rental/fee, any
land of the public/private domain (including its
improvement) in order to undertake any authorized
activity therein.
• Any citizen of lawful age of the Philippines
➢12 hectares of land must be occupied by himself or
through his predecessors in interest, possessed and
occupied an alienable and disposable agricultural portion
of public domain.
Administrative Legalization(FREE PATENT) Public
Land Act:
• Any natural born citizen of the Philippines;
• Owns not more than 12 hectares;
• Has continuously occupied and cultivated, either by
himself or through his predecessors-in interest a tract or
tracts of agricultural public lands subject to disposition
for at least 30 years prior to the effectivity of this
amendatory Act;

➢ Can lease up to 500 hectares
➢ Can ACQUIRE not more than 12 hectares by
purchase, homestead or grant.
•Any corporations or associations at least 60% of capital
stock belong wholly to Filipino citizens, may lease any
tract of agricultural public land available for lease.
➢ They can only hold alienable lands of the public
domain BY LEASE.
➢ Cannot exceed 25 years, renewable for not more than
25 years
➢ Lease cannot exceed 1,000 hectares
Judicial Legalization
✓ Ownership based on adverse possession. It must be
proven that:
• Have paid the real estate tax thereon while the same
hasn’t been occupied by any person.
• Issuance of Free Patent for residential lot under
Republic Act no. 10023
Qualifications. – Any Filipino citizen who is an actual
occupant of a residential land may apply for a Free
Patent Title under this Act: Provided, Highly urbanized
cities - the land should not exceed 200 square meters;
In other cities - not exceed 500 square meters; In first
class and second class municipalities- it should not
exceed 750 square meters; All other municipalities- not
exceed 1,000 square meters; Provided, further, That the
land applied for is not needed for public service and/or
public use.

• The land is alienable public land, and

• His possession and occupation has been exercised in

the manner and for the period prescribed by law or since
June 12, 1994.

➢ The applicant must be a Filipino citizen

➢ He must have, by himself or through his predecessors

in interest, possessed and occupied an alienable and
disposable agricultural portion of public domain.

➢ Such possession and occupation must have been

open, continuous, exclusive, notorious, and in the
concept of owner.