LAND MANAGEMENT

SYSTEM (LMS)
By Atty. Rey D. Cartojano, REC, REA, REB

DEFINITION
LAND MANAGEMENT is the
process of managing the
use and development of
land resources.

LAND DISTRIBUTION

FOREST LANDS
President Decree No. 705, Series
of 1975 prescribes the
utilization, protection,
rehabilitation and development
of forest lands in order to ensure
the continuity of their
productive condition

FOREST LANDS-DEFINITIONS
Public forest is the mass of lands of the public
domain which has not been the subject of the
present system of classification for the
determination of which lands are needed for
forest purposes and which are not.
Permanent forest or forest reserves refers to
those lands of the public domain which have
been the subject of the present system of
classification and declared as not needed for
forest purposes.

FOREST LANDS-DEFINITIONS
Alienable and disposable lands refer to
those lands of the public domain which
have been the subject of the present
system of classification and declared as
not needed for forest purposes.
Forest lands includes the public forest,
the permanent forest or forest reserves,
and forest reservations.

FOREST LANDS-DEFINITIONS
Grazing land refers to that portion of the
public domain which has been set aside,
in view of the suitability of its
topography and vegetation, for the
raising of livestock.
Forest reservations refer to forest lands
which have been reserved by the
President of the Philippines for any
specific purpose or purposes.

FOREST LANDS-TOPOGRAPHY
No land of the public domain eighteen
per cent (18%) in slope or over shall be
classified as alienable and disposable,
nor any forest land fifty per cent (50%) in
slope or over, as grazing land.
Lands eighteen per cent (18%) in slope or
over which have already been declared
as alienable and disposable shall be
reverted to the classification of forest

FOREST LANDS-TOPOGRAPHY
lands by the Department Head, to form
part of the forest reserves, unless they
are already covered by existing titles or
approved public land application, or
actually occupied openly, continuously,
adversely and publicly for a period of not
less than thirty (30) years as of the
effectivity of this Code, where the
occupant is qualified for a free patent
under the Public Land Act.

FORESTRY PROFESSION ACT

The objective of Republic Act 10690, also
known as the Forestry Profession Act of 2015,
is to develop and nurture competent, globally
competitive professional foresters who observe
the highest standards of excellence.

Signed into law last Oct. 23, RA10690 governs

the examination and licensure of professional
foresters, supervision and regulation of the
practice of forestry in the country, and the
development and upgrade of the curriculum on
forestry education.

CONSTITUTIONAL PROVISIONS
Article XII National Economy & Patrimony
Section 2. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With
the exception of agricultural lands, all other
natural resources shall not be alienated. The
exploration, development, and utilization of
natural resources shall be under the full control
and supervision of the State.

CONSTITUTIONAL PROVISIONS
Article XII National Economy & Patrimony
Section 2. xxx The State may directly undertake
such activities, or it may enter into co-production,
joint venture, or production-sharing agreements
with Filipino citizens, or corporations or
associations at least 60 per centum of whose
capital is owned by such citizens. Such agreements
may be for a period not exceeding twenty-five
years, renewable for not more than twenty-five
years, and under such terms and conditions as may
provided by law.

CONSTITUTIONAL PROVISIONS
Article XII National Economy & Patrimony
Section 3. Lands of the public domain are
classified into agricultural, forest or timber,
mineral lands and national parks. Agricultural
lands of the public domain may be further
classified by law according to the uses to
which they may be devoted. Alienable lands of
the public domain shall be limited to
agricultural lands. xxx

CONSTITUTIONAL PROVISIONS
Article XII National Economy & Patrimony
Section 3. xxx Private corporations or associations
may not hold such alienable lands of the public
domain except by lease, for a period not
exceeding twenty-five years, renewable for not
more than twenty-five years, and not to exceed
one thousand hectares in area. Citizens of the
Philippines may lease not more than five hundred
hectares, or acquire not more than twelve
hectares thereof, by purchase, homestead, or
grant.

CONSTITUTIONAL PROVISIONS
Article XII National Economy & Patrimony
Section 4. The Congress shall, as soon as possible,
determine, by law, the specific limits of forest
lands and national parks, marking clearly their
boundaries on the ground. Thereafter, such forest
lands and national parks shall be conserved and
may not be increased nor diminished, except by
law. The Congress shall provide for such period as
it may determine, measures to prohibit logging in
endangered forests and watershed areas.

CONSTITUTIONAL PROVISIONS
Article XII National Economy & Patrimony
Section 5. The State, subject to the provisions of
this Constitution and national development
policies and programs, shall protect the rights of
indigenous cultural communities to their ancestral
lands to ensure their economic, social, and
cultural well-being.
The Congress may provide for the applicability of
customary laws governing property rights or
relations in determining the ownership and extent
of ancestral domain.

CONSTITUTIONAL PROVISIONS
Article XII National Economy & Patrimony
Section 7. Save in cases of hereditary succession,
no private lands shall be transferred or conveyed
except to individuals, corporations, or associations
qualified to acquire or hold lands of the public
domain.

Section 8. Notwithstanding the provisions of

Section 7 of this Article, a natural-born citizen of
the Philippines who has lost his Philippine
citizenship may be a transferee of private lands,
subject to limitations provided by law.

CONSTITUTIONAL PROVISIONS
Article XIII Social Justice & Human Rights
AGRARIAN AND NATURAL RESOURCES REFORM

Section 4. The State shall, by law, undertake

an agrarian reform program founded on the
right of farmers and regular farmworkers who
are landless, to own directly or collectively the
lands they till or, in the case of other
farmworkers, to receive a just share of the
fruits thereof.

CONSTITUTIONAL PROVISIONS
Article XIII Social Justice & Human Rights
AGRARIAN AND NATURAL RESOURCES REFORM

Section 4. xxx To this end, the State shall

encourage and undertake the just distribution of
all agricultural lands, subject to such priorities
and reasonable retention limits as the Congress
may prescribe, taking into account ecological,
developmental, or equity considerations, and
subject to the payment of just compensation. In
determining retention limits, the State shall
respect the right of small landowners.

CONSTITUTIONAL PROVISIONS
Article XIII Social Justice & Human Rights
AGRARIAN AND NATURAL RESOURCES REFORM

Section 6. The State shall apply the principles

of agrarian reform or stewardship, whenever
applicable in accordance with law, in the
disposition or utilization of other natural
resources, including lands of the public domain
under lease or concession suitable to xxx

CONSTITUTIONAL PROVISIONS
Article XIII Social Justice & Human Rights
AGRARIAN AND NATURAL RESOURCES REFORM

Section 6. xxx agriculture, subject to prior

rights, homestead rights of small settlers, and
the rights of indigenous communities to their
ancestral lands. The State may resettle
landless farmers and farmworkers in its own
agricultural estates which shall be distributed
to them in the manner provided by law.

CONSTITUTIONAL PROVISIONS
Article XIII Social Justice & Human Rights
URBAN LAND REFORM AND HOUSING

Section 9. The State shall, by law, and for the

common good, undertake, in cooperation with
the private sector, a continuing program of
urban land reform and housing which will make
available at affordable cost, decent housing
and basic services to under-privileged and
homeless citizens in urban centers and
resettlement areas.

CONSTITUTIONAL PROVISION
Article XIII Social Justice & Human Rights
URBAN LAND REFORM AND HOUSING

Section 10. Urban or rural poor dwellers shall

not be evicted nor their dwelling demolished,
except in accordance with law and in a just
and humane manner.
No resettlement of urban or rural dwellers
shall be undertaken without adequate
consultation with them and the communities
where they are to be relocated.

LEGISLATIVE ACTS
Land Ownership by Filipinos Overseas
Article XII Section 8 of the Constitution provides that a
natural-born citizen of the Philippines who has lost his/her
Philippine citizenship may be a transferee of private lands
subject to limitations provided by law.
The laws on land ownership by Filipinos overseas are
contained in Batas Pambansa Blg. 185 and Republic Act
8179, which amended the Foreign Investment Act of 1991. BP
185 stipulates guidelines on land ownership by former
Filipinos for purposes of establishing residence, while Section
10 of RA 8179 specifies entitlements and conditions for land
acquisition for investment purposes.

LEGISLATIVE ACTS
Transferee
The acquisition or transfer of private land refers to either
voluntary or involuntary sale, devise or donation.
Involuntary sale includes sales on tax delinquency,
foreclosures, and executions of judgment.
Qualifications of Former Filipinos
Both laws define former Filipinos as citizens of the
Philippines from birth without having to perform any act
to acquire or perfect their Philippine citizenship, who lost
said Philippine citizenship, and who have the legal
capacity to enter into a contract under Philippine laws.

LEGISLATIVE ACTS

LEGISLATIVE ACTS

LEGISLATIVE ACTS

LEGISLATIVE ACTS

LEGISLATIVE ACTS

LEGISLATIVE ACTS

LEGISLATIVE ACTS

LEGISLATIVE ACTS
REPUBLIC ACT NO. 9225, otherwise known as the
Citizenship Retention and Re-Acquisition Act of
2003, states that natural-born Filipinos who became
naturalized citizens of another country can retain
and reacquire their citizenship upon taking oath of
allegiance to the Philippines.

Necessarily because of their Filipino citizenship,

these Filipinos who are dual citizens of another
country enjoy the same rights and privileges to
acquire lands just like any ordinary Filipino.

LEGISLATIVE ACTS
REPUBLIC ACT NO. 7652, otherwise known as
the INVESTORS LEASE ACT of 1993 allows
long term lease of private lands by foreign
investors up to 50 years, renewable for 25 years
INVESTING means making equity investment
through actual remittance of foreign exchange or
transfer of assets, whether in the form of capital
goods, patents, formulae or technological rights
or processes

LEGISLATIVE ACTS
REPUBLIC ACT NO. 7652
Long term lease of private lands by foreign
for the purpose of establishing industrial estates,
factories, assembly or processing plants, agroindustrial enterprises and other similar
endeavors.
In case of tourism projects, investments shall not
be less than US$5-million 70% of which shall be
infused within 3 years from signing of lease.

LEGISLATIVE ACTS
AGRARIAN REFORM
Presidential Decree No. 27 placed under
coverage of agrarian reform rice and corn lands
Republic Act No. 6657 placed under agrarian
reform coverage ALL agricultural lands
Republic Act No. 9700 extended the acquisition
and distribution of agricultural lands up to 30
June 2014

LEGISLATIVE ACTS
INDIGENOUS CULTURAL COMMUNITIES
Republic Act No. 8371 otherwise known as The
Indigenous Peoples Rights Act of 1997.
Since there is a prohibited period to transfer
lands covered under the IPRA law, the best
arrangement for investors will be to enter into a
long term lease with exclusive option to buy the
property.

WHAT IS URBAN LAND REFORM?

Presidential Decree No. 1517 issued on June
11, 1978 is what is known as the Urban Land
Reform Law. It was a piece of legislation that
instituted the Urban Land Reform Program of
the government. Briefly, this program aims to
rationalize with due process and through
equitable means the existing pattern of land
use and ownership in urban and urbanizable
areas. As such, it involves the imposition of
certain limitations on the use by the owner of
his property.

WHAT IS URBAN LAND REFORM?

Presidential Decree No. 1517 issued on
June 11, 1978 is what is known as the
Urban Land Reform Law. This program aims
to rationalize with due process and
through equitable means the existing
pattern of land use and ownership in urban
and urbanizable areas. As such, it involves
the imposition of certain limitations on the
use by the owner of his property.

IS URBAN LAND REFORM SAME

AS AGRARIAN REFORM?
No. Agrarian reform (AR) involves the
diffusion of land ownership through the
imposition of retention limits for owners
of large tracts of land. It is mandatory in
the sense that the landowner cannot
refuse not to sell the agricultural land in
excess of the retention limit to the
tenants who till the same.

IS URBAN LAND REFORM SAME

AS AGRARIAN REFORM?
In urban land reform (ULR), on the other hand, a
landowner cannot ordinarily be compelled to sell
the land to the tenant. It is only when the land is
expropriated that he or she is forced to sell, but
only after due process. In the event, however,
that a landowner voluntarily decides to sell the
property, the tenant has a pre-emptive right to
buy the property or the right of first refusal
before it can be legally sold to another. The law
compels him merely to offer it first to the tenant.

IS URBAN LAND REFORM SAME

AS AGRARIAN REFORM?
In AR, all agricultural lands are
covered although exemptions may be
applied for. On the other hand, ULR
applies only to selected parcels of
urban land.

IS RIGHT OF FIRST REFUSAL AVAILABLE

TO ALL URBAN TENANTS?
No. PD 1517 limited its application to
Urban Land Reform Zones or specific
parcels of land later identified and
proclaimed.

WHAT ARE AREAS FOR PRIORITY

DEVELOPMENT (APDs)?
The term Areas for Priority Development
(APDs) was used in the pertinent decrees
and proclamations interchangeably or
alternatively with the term Urban Land
Reform Zones (ULRZs). They refer to the
244 areas in Metro Manila specifically
described and identified in Proclamation
1967, and other sites later identified and
proclaimed.

HOW MANY APDs/ULRZs SO FAR?

There are at present 284 APDs / ULRZs.
In addition to the 244 APDs in Metro Manila under
Proclamation No. 1967 and Dagat-Dagatan, Tondo
under Proclamation No. 2284, nineteen (19) Slum
Improvement and Resettlement (SIR) sites were
included pursuant to Proclamation No. 1810
(Declaring that all sites under the Zonal
Improvement Program (ZIP) and SIR areas shall
become ULRZs upon proclamation by the
President).

HOW MANY APDs/ULRZs SO FAR?

These are located in the regional cities of Bacolod,
Cebu, Cagayan de Oro and Davao. Subsequently,
pursuant to the same decree, the National Housing
Authority identified and proclaimed 20 more APD
sites 19 in Metro Manila and one in Cebu City.
In summary: Number of APDs/ULRZs

By
By
By
By

Proclamation No. 1967 244

Proclamation No. 2284 1
Proclamation No. 1810 19
NHA Approval 20 Total 284

WHAT IS THE SIGNIFICANCE OF A PARCEL

OF LANDS WITHIN AN APD/ULRZs?
Within an APD/ULRZ:

Legitimate tenants who have resided on the land

for ten years or more who have built their homes
on the land, and residents who have legally
occupied the lands by contract, continuously for
the last ten years shall not be dispossessed of the
land and shall be allowed the right of first refusal
to purchase the same within a reasonable time and
at reasonable prices.

WHAT IS THE SIGNIFICANCE OF A PARCEL

OF LANDS WITHIN AN APD/ULRZs?
No urban land can be disposed of or used
or constructed on unless its disposition or
use conforms with the development and
zoning plans. This is implemented through
the requirement of development use
permit or locational clearance for projects
within these areas.

WHAT IS THE SIGNIFICANCE OF A PARCEL

OF LANDS WITHIN AN APD/ULRZs?
In cases where the tenants and residents
are unable to purchase the said lands, the
government may acquire the same by
expropriation or other land acquisition
techniques in accordance with the policies
of existing laws.

MAY APARTMENT DWELLERS INVOKE THE

RIGHT OF FIRST REFUSAL?

No. The law is explicit that it applies

only to urban land.

HOW DO WE KNOW IF YOUR LAND IS

WITHIN AN APD OR ULRZ?
HLURB prepared books of detailed maps and land use
plans for 245 APD sites declared under Proclamation
1967 and 2284 and has condensed this to a Locational
Reference Handbook which is available to the public.
This handbook presents the physical location of the
sites though maps in relation to their immediate
vicinity and provides the precise location and
complete boundary description. If necessary, HLURB
also issues a certification whether or not a piece of
property is within or outside of an APD.

Did the Urban Development and Housing

Act of 1992 (Republic Act No. 7279)
repeal the Urban Land Reform Law?
No. UDHA is actually more expansive than the ULR law.
As to Coverage:
PD 1517: Limited to areas proclaimed
RA 7279: All lands in urban and urbanizable
areas, including existing areas for priority development
sites, and in other areas that may be identified by the local
government units as suitable for socialized housing.

Did the Urban Development and Housing

Act of 1992 (Republic Act No. 7279)
repeal the Urban Land Reform Law?
As to Thrust

PD 1517: Land tenancy protected, with land purchase and

expropriation only as an incident thereof
RA 7279 : Socialized Housing as primary strategy for
providing shelter to put an end to tenancy status

Did the Urban Development and Housing

Act of 1992 (Republic Act No. 7279)
repeal the Urban Land Reform Law?
As to Beneficiaries:
PD 1517: Legitimate tenants
RA 7279: Underprivileged and homeless citizen, must not
own any real property, not a professional squatter or a
member of squatting syndicates;must be actual occupants
to avail of right of first refusal if property is governmentowned or acquired.