Republic of the Philippines

Department of Environment and Natural Resources

Regional Office No. IX
PCCARGC, Balintawak, Pagadian City 7016 Zamboanga del Sur
 (062) 945-0870  Fax No. (062) 945-0945
Website: http://www.r9.denr.gov.ph
Email: denr_r9@yahoo.com

Regional Memorandum Circular

No. ____________________
Series of 2019

SUBJECT : PROCEDURE FLOWCHART IN THE INVESTIGATION AND

RESOLUTION OF LAND CLAIMS AND CONFLICT CASES

Pursuant to the provisions of DENR Administrative Order (DAO) 2016-30,

otherwise known as the Guidelines in the Conduct of Alternative Dispute Resolution
(ADR) in Land Management and Disposition, and DAO No. 2016-31, otherwise known as
the Procedure in the Investigation and Resolution of Land Claims and Conflicts Cases,
the following guidelines and procedures in the investigation and resolution of land claims
and conflicts cases are hereby issued for the information and compliance of all concerned:

CHAPTER I
GENERAL PRINCIPLES

Section 1. Statement of Policy

As the regional arm of the agency responsible for the management and disposition
of lands of the public domain, it shall be the policy of the Office to ensure speedy yet
effective disposition of land claims and conflicts cases and to actively promote party
autonomy in the resolution of land disputes or the freedom of the parties to make their
own arrangements to resolve their land disputes. Toward this end, the Office shall provide
means for the use of ADR as an efficient tool and an alternative procedure for the
resolution of land disputes.

Section 2. Scope and Applicability

This Circular covers claims and conflicts involving1:

a. Public agricultural (alienable and disposable) lands subject of applications for

issuance of agricultural free patents, special patents, residential free patents,
miscellaneous sales patents, homestead patents, townsite sales, lease of public
lands and other adverse claims;

b. Administratively titled lands where an investigation is to be conducted based on

Sections 91, 120, 121, 122 and 123 of Commonwealth Act No. 141, as amended;

c. Patrimonial properties, properties covered by Presidential Proclamations for

Disposition;

d. Foreshore areas; and

e. Other types of lands the disposition of which is vested in the DENR.

1
Sec. 2, DAO 2016-31

1
Section 3. Objectives

This Circular seeks to provide a procedure flowchart and sample legal forms for
easy reference and guidance to all concerned, especially lay persons who are not familiar
with the necessary language of law or with the legal system in conducting an investigation.
It also seeks to integrate ADR in land management and disposition in order to achieve
efficient, speedy and economical procedure in the resolution of claims and conflicts,
reduce the incidence of claims and conflicts cases and unclog the case dockets.

In case of doubtful interpretation, the procedure flowchart should be read together

with DAO 2016-30 and DAO 2016-31, as abovementioned, regional special orders issued
by this Office and other rules and regulations related to management and disposition of
lands of the public domain.

CHAPTER II
DEFINITION OF TERMS

Section 4. The following terms shall have the following definitions for purposes of this
Circular:

a. Accredited ADR Officer – an employee or personnel of the Office trained to

conduct ADR and duly accredited as such by the DENR.

b. ADR – any process used to resolve a dispute or controversy other than

adjudication by the competent authority having jurisdiction over the matter.

c. Claims and Conflict Case – a dispute concerning the disposition and

management of public land involving claims of ownership and conflicts of boundary
defining metes and bounds of a lot subject of a patent application.

d. Compromise Agreement – a contract reached by mutual reciprocal concessions

between and among the conflicting parties containing the terms and conditions of
amicable settlement of a conflict or dispute for approval by the competent authority
of the Office at the level where the agreement was executed. The approved
compromise agreement shall have the force and effect of a final and executory
decision for enforcement and execution.

e. Conciliation – a process where the Land Investigation Officer acting as a neutral

person examines the facts, identifies the issues, obtains best offers, waivers and
voluntary agreements and the signing of a Compromise Agreement between and
among all interested parties concerning the lot subject of a patent application.

f. Land Investigation Officer (LIO) – a personnel from the Office selected by the
PENRO or CENRO from the pool of LIOs designated as Hearing Officers in land
claims and conflict cases. They shall be designated by the Regional Executive
Director by virtue of a Special Order issued in accordance with the prevailing
DENR Manual of Authorities.

g. Office – refers to the DENR Region IX Office and all offices under its supervision,
such as PENROs and CENROs.

h. Preliminary Conference – a conference conducted by the LIO duly designated

as Hearing Officer to gather facts and evidence from all parties to a dispute with
the primary aim of simplifying the issues and exploring possible solutions that
would lead to an amicable settlement.

2
 CHAPTER III
PROCEDURE FLOWCHART IN THE INVESTIGATION AND RESOLUTION OF
LAND CLAIMS AND CONFLICT CASES

1. For Resolution of Land Claims and Conflicts Involving UNPATENTED or

UNREGISTERED LAND

OFFICE-INITIATED INVESTIGATION
START (See page 4)

If the parties involved in land claims and

a. Claimant
b. Aggrieved party or
c. His/her duly authorized representative with
Special Power of Attorney (SPA)
goes to CENR Office and expresses his
concern relative to land claims and conflicts.
conflicts are already in the CENR Office and
there is an accredited Alternative Dispute
Resolution Officer (ADRO) available, the latter
shall determine if the parties are authorized to
enter into a compromise agreement. If
authorized, ask the parties if they are willing to
undergo thru Voluntary ADR.

CENRO shall send Notice of Meeting to: (1) the parties involved in a land
conflict and (2) an accredited Alternative Dispute Resolution Officer
(ADRO) for possible amicable settlement. The Notice shall likewise advise
the parties that if only a representative shall be sent for a possible
amicable settlement, he should be clothed with SPA authorizing him
to enter into a compromise agreement; otherwise, any agreement shall
be null and void.

If they are authorized to enter into a If the parties are

compromise agreement and are willing to NOT willing to
undergo thru Voluntary ADR, proceed with undergo thru
Voluntary ADR. Voluntary ADR,
require the
If settled, a Compromise Agreement shall be complainant to file
prepared by the ADRO and the parties shall sign Verified Protest.
on said agreement – to be attested by the ADRO
and approved by CENRO. (End of case) (See
Form No. 1)

If not settled, require the complainant to file his

Verified Protest.

Note:

All legal forms/documents which an accredited

ADRO deems necessary in conducting the
ADR shall form part of the records of the case.

3
 VERIFIED PROTEST OFFICE-INITIATED INVESTIGATION

a. Claimant In cases where the same lot/s is/are the subject of

b. Aggrieved party or 2 or more applications, the CENRO shall issue a
c. His/her duly authorized representative with MEMORANDUM TO INVESTIGATE to a
Special Power of Attorney (SPA) designated Land Investigation Officer (LIO) to
ascertain the actual condition of the lot/s, the
shall file a VERIFIED PROTEST in 3 Copies before improvements existing thereon, the occupants
the CENRO. thereof and such other matters relevant to the
Section 4, DAO 2016-31: investigation. (See Form No. 2)

Protest shall be written in clear, simple, brief and

concise language, either in Filipino or English and
must contain the names of the parties, their
addresses, the material allegations, the grounds
relied upon, and the documentary and other forms of
evidence to support the allegations.

The protest must be accompanied by the ff.

documents:

a. Certificate to File Action from the

barangay concerned;
b. Verification (notarized) and Certification of
Non-Forum Shopping;
c. Proof of payment of the Protest Fee; and
d. A recent 2x2 picture of the protestant and his
or her duly authorized representative and
the subject lot/s.

Within 1 day from receipt of the Protest, CENRO

shall determine whether the same is in due form
and is within those contemplated in Section 4,
DAO 2016-31.

If in due form If not in due form

CENRO shall CENRO shall return the protest and

forward the Protest inform the protestant in writing of the
to the PENRO. deficiencies in the formal requirements
for compliance.

Within 15 days, Protestant shall

comply with the requirements

If complied with In case of non-compliance

Within 3 days from receipt of Protest, PENRO shall

issue an ORDER OF INVESTIGATION addressed to
CENRO or designated investigator. The ORDER shall
contain the assignment of the case to an LIO for the
conduct of actual investigation, ocular inspection and
preparation of report. (See Form No. 3)
CENRO shall dismiss the protest
without prejudice. (End of case,
except when protestant files again a
protest compliant with Sec. 4) (See
Form No. 4)

4
 Note: The LIO shall be selected by the PENRO (if the case is
initiated by an Order of Investigation) or CENRO (if the case is
initiated by a Memorandum to Investigate) from the pool of LIOs
designated by the Regional Executive Director (RED) by virtue of
a Special Order issued in accordance with the prevailing DENR
Manual of Authorities.

Within 5 days from receipt of Order of Investigation or Memorandum to Investigate, as the case may
be, the LIO preferably from CENRO shall cause the issuance of summons (see Form No. 5),
together with a copy of the protest and the annexes, upon the protestee or his duly authorized
representative, requiring the latter to file his/her ANSWER within 15 days from receipt thereof.

Is the 15-day period extendible? Yes but only for meritorious reasons; thus, protestee or his
representative may file a Motion for Extension of Time to file an ANSWER.

Who may issue a Resolution (see Form No. 6) granting or denying said Motion? The LIO. (Last
paragraph, Sec. 8, DAO 2016-31)

Within 15 days from receipt of Summons, the Protestee

or his/her duly authorized representative files his/her
ANSWER. The ANSWER must conform to Section 8 of
DAO 2016-31; hence:

1. It must be in writing and verified (notarized);

2. It must contain material facts which may either be If the protestee or one
in specific denial or affirmation of allegations in the of the protestees fails
protest; to file his/her Answer?
3. It must be accompanied by supporting proof
including a list of the witnesses and their individual
addresses.

The ANSWER shall be filed in three (3) copies, either The LIO shall recommend the PENRO
personally or by registered mail. The Protestant shall also for the issuance an ORDER OF
be furnished a copy thereof. DEFAULT (See Forms No. 7 and 8).

Note: A party declared in default shall

Note to LIOs/Hearing Officers:
The following pleadings or
motions shall NOT be allowed at
any stage of the proceedings:
1. Motion to Dismiss the Protest
2. Motion for Bill of Particulars
3. Motion for Extension of Time
to file pleadings, except to
file an ANSWER
4. Reply and Rejoinder
5. Dilatory Motion for
Postponement
lose his/her right to present evidence to
support his/her claim BUT shall not
lose the right to be notified of any and
all the actions in the proceedings. (In
short, he/she is considered a mere
audience in all actions in the
proceedings.)
Remedy of a party declared in default:
He/She shall file a Motion to Set Aside the Order of
Default at any time after notice thereof and before
judgment (before the LIO submits his/her Final
Investigation Report) and upon showing that the failure to
answer was due to fraud, accident, mistake or excusable
negligence and that he/she has a meritorious defense.
Said Motion shall be filed before the PENRO.

Note: PENRO shall either:

If no Motion to Set Aside the Order of
Default is filed and there is only 1 Protestee
or 1 group of Protestee, LIO shall proceed
with the investigation. Thus, proceed to
issuance of NOTICE OF OCULAR
INSPECTION. (See page 6)
Issue a Resolution setting aside the Order of
Default. (See Form No. 9) Thereafter, the
concerned party shall present his evidence.
Issue a Resolution denying the Motion (see Form
No. 10). Effect: It’s as if no such Motion is filed.

5
 What if the Protestant does not
appear during the Preliminary
CENRO shall issue NOTICE OF PRELIMINARY CONFERENCE Conference? CENRO may issue
addressed to all parties concerned indicating therein the specific again Notice of PreCon to the parties
date of Preliminary Conference which must be conducted within if his absence is justifiable, or
10 days from the receipt of the Answer or upon expiration of the recommend to PENRO that the
period for filing an Answer. (See Form No. 11) Protest be dismissed and that patent
application of respondent be given
further due course. (see Form No. 12)

During the PRELIMINARY CONFERENCE, the ff. shall be considered:

1. Possibilities of Amicable Settlement

2. Defining and simplifying the issues of the case
3. Identification of witnesses
4. Scheduling of the Ocular Inspection – (It is necessary that all the parties, brgy.
Chairperson or his representative shall be informed that they should attend the
ocular inspection.)
5. Scheduling the dates of the hearings, if necessary
6. Threshing out any other matters that are relevant to the case that may aid in the
early resolution thereof
7. Markings of exhibits and
8. Submission of Affidavits in the form of question and answer.

If a party wishes for the

amendment of the
Within 10 days after the preliminary conference, LIO shall Preliminary Conference
issue PRELIMINARY CONFERENCE ORDER detailing the Order, he shall file his
agreements on the above matters. Copy furnish all the request for such
parties. (see Form No. 13) amendment before the LIO
and the LIO may grant or
deny such request if the
circumstances so warrant.
CENRO shall send NOTICE OF OCULAR
INSPECTION to:

1. All the parties

2. Brgy. Chairman
3. Geodetic Engr. from the DENR but only if one of
the issues being raised involves questions on
the survey of land. (The result of the ground
survey shall be binding on the parties and shall
form part of the records of the case.)

Within 15 days after termination of the preliminary conference, LIO and those who were
sent notice of ocular inspection shall conduct the MANDATORY OCULAR
INSPECTION.

Important!

The LIO shall take geotagged photographs and take video recording of the ocular
inspection, ensuring that all participating parties, including the barangay chairman or his
representative are reflected in such photographs and/or video recording. The
video/photographs shall form part of the records of the case.

What if the brgy. chairman is absent?

He may send his authorized representative. If no representative and brgy. Chairman’s
absence is justifiable, Ocular Inspection may proceed.

6
 LIO shall refer the case to an accredited Alternative Dispute
Resolution Officer (ADRO) for MANDATORY ADR. The entire
ADR process shall not be more than 30 days.

If there is amicable If there is NO amicable

settlement between the settlement between the
parties parties

ADRO shall prepare/draft the COMPROMISE
AGREEMENT stating the identity of the subject
lot/s such as the lot number, the area, the
adjoining lands and the location. (see Form No.
14) Then he shall submit the same to PENRO.
LIO shall require the PARTIES to submit their
respective POSITION PAPERS with
attachments within a non-extendible period of
30 days from termination of the ADR Process
(or from receipt of copy of Decision of PENRO
denying the compromise agreement).

LIO may also require the parties for a

CLARIFICATORY HEARING, in addition to
the position paper-requirement, if the LIO
If the compromise If the compromise wants to clarify certain things in order for him
agreement is not agreement is contrary to to intelligently make a final investigation report.
contrary to existing existing rules and
rules and regulations. regulations or is against
PENRO shall issue a morals, public order or
DECISION approving public policy, PENRO shall
the same. (END OF issue a DECISION
CASE) (See form No. denying the same. He
15) shall indicate in the
Decision that the case be
remanded to LIO for
continuation of the
proceedings. (See Form
No. 16)

Within 30 days after submission of position papers or the termination of the clarificatory hearing, LIO shall
submit to the PENRO, through the CENRO, a FINAL INVESTIGATION REPORT on actual findings with his
recommendation/s. (See Form No. 17)

What shall be considered in making the report?

1. The results of the investigation (attaching his ocular inspection report)
2. The pleadings and documents submitted by the parties.
3. Complete records of the case.
4. Minutes of the Clarificatory Hearing, if any.

FINAL INVESTIGATION REPORT may contain the ff:

1. Caption and title of the case
2. Statement as to how the case arose and by virtue of whose authority investigation was conducted
(attach copy of the Order of Investigation issued by PENRO or Memorandum to Investigate issued
by CENRO, as the case may be)
3. Statement that the notices have been sent to the parties and how they were notified
4. Statement as to when and where formal investigation was conducted;
5. Parties appearing thereat including the counsel representing them, if any, and their witnesses;
6. Findings in the ocular inspection including the description of improvements and sketch showing the
portion of the protestant and statement that efforts had been exerted to settle the case amicably;
7. Summary of the testimonies of the parties and witnesses and enumeration of the documentary evidence
submitted by them; and
8. Categorical recommendations.

7
PENRO forwards the FINAL
INVESTIGATION REPORT together
with all the original and complete
records of the case to the REGIONAL
EXECUTIVE DIRECTOR (RED).

RED shall forward the Final

Investigation Report to the LEGAL
DIVISION.

Legal Division shall draft a DECISION

and shall forward said draft decision
and carpeta of the case to RED.

After 15 days, winning party may move

RED may either modify, affirm or
for issuance of Order of Execution.
overturn the draft decision. The RED
RED then shall issue such Order.
shall render a Decision therefor.

If a party is not satisfied with the

decision, Motion for Reconsideration
within 15 days from receipt of Notice of END
Decision.

RED resolves the Motion, thru the Appeal to the Office of the President/
Legal Division, within 15 days from Court of Appeals/ Supreme Court
receipt of the MR.

If not satisfied with the Resolution of the

RED, party shall file NOTICE OF
APPEAL to the RED + payment of
appeal fee within 15 days from receipt of
Resolution/Decision to be made by the
the Resolution/Decision.
Office of the DENR – Secretary.
The entire records of the proceedings
and all documents submitted by the
parties and used as bases for the
resolution of the case shall be forwarded
to the Office of the Secretary upon
perfection of appeal. Copies shall
likewise be sent via electronic mail and
electronic media such as compact discs
or USB drives. An electronic copy shall
be retained at the Regional Office. The
scanning of case records shall be done
using the LAMS unit.

8
 2. Procedure in the Investigation of Petitions Involving REGISTERED
PATENTS

The proceeding to be undertaken for petitions involving registered patents shall be

merely investigative in nature which will be conducted as a fact-finding/ recommendatory
procedure to determine the propriety of initiating reversion proceedings.

In this procedure flowchart, the Office shall only entertain petitions or complaints
involving registered patent and only for any of the following grounds2:

1. The holder of the title has not occupied, possessed and cultivated the land
applied for the required period of time in the concept of an owner and in the
manner required by law, meaning: openly, publicly, notoriously, continuously
and adversely in cases of free patent (and the petitioner/complainant does
not claim ownership over the land covered by the patent/original certificate of
title);

2. Title was fraudulently acquired/issued because it involves non-registrable

property:
a. Public forest;
b. Forest or timberland;
c. Military, civil, townsite, or forest reservation;
d. Watershed reservations or areas;
e. Mineral land;
f. Foreshore/seashore or swampland;
g. Salvage zone or public easement;
h. Navigable river, stream or creek;
i. Street or public highway;
j. Man-made alluvial deposit along a river which is part of the river bed;
k. Lakes;
l. Medical center site, public market, public plaza, municipal streets or
public buildings;

3. The applicant has no absolute title nor an incomplete or imperfect right which
could be registered and confirmed under Act 496, P.D. 1529 and C.A. 141;

4. The plan of the land differs from the documentary evidence of the applicant;

5. The patent was procured through fraud and/or misrepresentation;

6. The land covers or is part of an expanded area brought about by a series of

subdivision surveys;

7. The acquisition, conveyance, alienation, transfer or contract is in violation of

Sections 118, 121, 122 and 123 of C.A. 141 (Public Land Act);

8. The acquisition is in violation of the Constitution (Sec. 35[5], Chapter XII, Title
III, Book IV, E.O. 292), as when a private corporation acquires title of the land
of the public domain in violation of Sec. 3, Article XII of the 1987 Constitution.

2
The enumeration is based on DAO 2016-31 of DENR and Policy in Reversion and Annulment of Title Cases issued
by the Office of the Solicitor General.

9
 Moreover, one must be able to determine the distinctions between an action for
reversion and an action for declaration of nullity of free patent or certificate of title:

ACTION FOR DECLARATION OF

ACTION FOR REVERSION
The pertinent allegations in the petition or
complaint would admit State ownership of
the disputed land.
The real party in interest is the State.
Initiated by filing a Petition for Cancellation
of Patent before the DENR-PENRO.
The relief sought is the return of the land
back to the government.
NULLITY OF FREE PATENT/
CERTIFICATE OF TITLE
(A.K.A. ANNULMENT OF TITLE)
This requires allegations of complainant’s
ownership of the contested lot prior to the
issuance of such free patent and
certificate of title as well as the
respondent’s fraud or mistake, as the case
may be, in successfully obtaining these
documents of title over the parcel of land
claimed by the complainant.
The real party in interest is the
complainant – a private person who
alleges pre-existing right of ownership
over the disputed land.
Initiated by filing the action directly to the
Court.
The relief sought is the recognition of
ownership of the private party suing as
plaintiff over the subject land.

Procedure Flowchart in the Investigation of Petitions Involving

Registered Patents

START

VERIFIED PETITION OFFICE-INITIATED INVESTIGATION

Petitioner shall file PETITION FOR CANCELLATION OF It is an Office-Initiated Investigation
PATENT at PENRO. when:
Formal Requirements of a Petition (Sec. 30, DAO 2016-31): 1. It is the Regional Executive Director
(RED), in his own initiative, who
The Petition shall be written in clear, simple, brief and concise
issues ORDER OF INVESTIGATION
language and must contain:
for land claims and conflicts involving
1. Name of the holder of the title and his/her address; a REGISTERED PATENT/land
2. The material allegations; already covered by an Original
3. The law and the grounds/ basis of the petition; and Certificate of Title (OCT), or
4. The documentary and other forms of evidence to support 2. The Office receives a Letter-
the allegations. Complaint or Anonymous Complaint
and the RED finds that a prima facie
The Petition must be supported by the ff. documents: case exists because the allegations
of the complainant can be verified or
1. Verification and certification of non-forum shopping;
supported by documentary or direct
2. Proof of payment of the Petition Fee;
evidence.
3. Certified true copy of the title/patent; and
4. Recent 2x2 picture of the petitioner and his/her duly
authorized representative and picture of the subject lot.

The Petition and its supporting documents shall be filed in

3 copies. The respondent shall also be furnished a copy
thereof by the petitioner.

Certificate to File Action from the barangay is not anymore

required because the real party-in-interest here is the State
itself.
10
 Within one (1) day from receipt of the Petition, the RED shall issue ORDER OF
PENRO shall assign it to the Conservation, INVESTIGATION directing an LIO from
Development and Licensing Section (CDLS) or any PENRO to conduct actual investigation,
responsible officer for Preliminary Evaluation and ocular inspection and preparation of
determination of the requirements are complied report.
with.

If the formal If the formal requirements of the

requirements of the
petition are complied
with, PENRO shall
forward the Petition
to the RED.
RED shall forward the
Petition to Legal
Division for an early
evaluation whether
the Petition has
sufficient basis.
petition are not complied with,
require petitioner to comply with
the requirements within a specified
time; otherwise, PENRO may
dismiss the petition without
prejudice. (see Form No. 18) (End Within seven (7) days from
of Case, except when the receipt of the Order, PENRO
petitioner files again a Petition shall issue Summons to the
compliant with the formal (1) registered owner of the
requirements required by this land in question, and (2)
Circular.) Petitioner, accompanied by a
copy of the Petition,
If the Petition has requesting the parties to
sufficient basis, attend a meeting for the
forward the Petition to purpose of discussing the
RED for issuance of Petition.
Order of Investigation.
If the Petition has no
sufficient basis, the
Legal Division shall for
the outright dismissal of
the Petition. (End of
case)

If the registered owner does not attend the meeting... If the registered owner attends the
meeting, LIO shall set a date of
hearing, if necessary, and date of
Ocular Inspection.

Conduct hearing if LIO deems it

PENRO shall issue Notice of Ocular necessary in order for him to
Inspection to the: intelligently make a Final Investigation
1. Registered owner, Report
2. Petitioner, if the investigation is initiated
by a petition, and
3. Brgy. Chairman

During the Ocular Inspection, the LIO shall take geotagged photographs and take video recording
of the ocular inspection, ensuring that all participating parties, including the barangay chairman or his
representative are reflected in such photographs and/or video recording. The video/photographs shall
form part of the records of the case. (Copy of the Order of Investigation issued by RED and copy of
the Notice of Ocular Inspection must accompany the LIO in conducting the Inspection so as not to
question his authority thereon.
11
Within 30 days after the Ocular Inspection or the termination of the clarificatory hearing, LIO shall submit
to the PENRO a FINAL INVESTIGATION REPORT on actual findings with his recommendation/s.

What shall be considered in making the report?

1. The results of the investigation (attaching his ocular inspection report)

2. The pleadings and documents submitted by the parties.
3. Complete records of the case.
4. Minutes of the Clarificatory Hearing, if any.

FINAL INVESTIGATION REPORT may contain the ff:

1. Caption and title of the case

2. Statement as to how the case arose and by virtue of whose authority investigation was conducted
(attach copy of the Order of Investigation issued by RED)
3. Statement that the notices have been sent to the parties and how they were notified
4. Statement as to when and where formal investigation was conducted;
5. Parties appearing thereat including the counsel representing them, if any, and their witnesses;
6. Findings in the ocular inspection including the description of improvements;
7. Summary of the testimonies of the parties and witnesses and enumeration of the documentary
evidence submitted by them; and
8. Categorical recommendations. The recommendation/s must be responsive to the issue/s thereon.

See Form No. 19

PENRO shall indorse the Investigation Report and all

the attachments to RED.

RED shall forward the Report and all the

attachments to the Legal Division.

If there is basis to initiate a reversion case, If there is no sufficient basis for initiation of
the Legal Division shall draft a a reversion case, the Legal Division shall
COMPLAINT FOR REVERSION to be draft a RESOLUTION stating the reasons
signed by the RED. The signed complaint and grounds relied upon.
shall be attached to the MEMORANDUM
ORDER addressed to DENR Secretary,
through the Assistant Secretary for Legal
Service, containing the facts and the legal
bases thereof. (Section 36, DAO 2016-31)

12
 RED shall act on the Memorandum Order or Resolution, as
the case may be.

RED shall forward the Memorandum Order and
all records of the case to DENR-Central Office
(DENR Secretary, through the Assistant
Secretary for Legal Service) for the latter’s
evaluation.
After signing the draft Resolution, furnish
copy thereof to all parties concerned. (End
of case)

DENR Central Office shall evaluate and forward

the case folder to the Office of the Solicitor
General (OSG). (End)

CHAPTER IV
FINAL PROVISIONS

Section 5. Application

The Rules of Court shall be applied by analogy only or in a suppletory character

and whenever practicable or convenient.

Section 6. Separability Clause

If, for any reason, any section or provision of this Circular is declared null and void,
no other section, provision, or part thereof shall be affected and the same shall remain in
full force and effect.

Section 7. Effectivity Clause

This Circular shall take effect immediately.

CRISANTA MARLENE P. RODRIGUEZ

Regional Executive Director
Copy furnished:

Hon. ROY A. CIMATU

Office of the Secretary
DENR- Central Office
Visayas Avenue, Quezon City

Atty. NORLITO A. ENERAN

OIC, Director
Legal Affairs Service
DENR-Central Office
Visayas Avenue, Quezon City 13
 Form No. 1
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Community Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

COMPROMISE AGREEMENT
(Voluntary ADR)
We, the claimants of the parcel of land applied for (Lot No. ________________)
situated at _____________________________________________, pursuant to DENR
Administrative Order No. 2016-30 dated 22 September 20161 hereby declare that we
have voluntarily agreed on the following:

Term and Condition 1.

That_____________________________________________________________
______________________________________________________________________
______________________________________________________________________
________________________;

Term and Condition 2.

That_____________________________________________________________
______________________________________________________________________
______________________________________________________________________
________________________;

Term and Condition 3.

That_____________________________________________________________
______________________________________________________________________
______________________________________________________________________
________________________;

We have read and fully understand the contents of this Agreement and voluntarily
affixed our signatures herein, which shall from part of the records of the Public Land
Application filed by ___________________________. The same shall constitute as full
and final settlement of any Protest or Complaint each party may have against the other
in relation to the subject lot.

IN WITNESS WHEREOF, the Parties hereto have mutually and voluntarily agreed
to the above stipulation, and sign this Agreement, at _________________________, on
this _____ day of ___________________, _________ for the consideration and approval
of the Honorable Office.

_______________________________ ________________________________
NAME AND SIGNATURE NAME AND SIGNATURE
APPLICANT CLAIMANT/ADJOINING OWNERS

Signed in the presence of:

14
_____________________________ _________________________
Witness Witness

Attested by:

______________________________
ADR Officer

Approved by:

________________________________
CENRO

15
 Form No. 2
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Community Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

MEMORANDUM

TO : ____________________________
Land Investigation Officer

FROM : CENR OFFICER

SUBJECT : ORDER TO INVESTIGATE ____________(DESCRIPTION OF

LOT/S SUBJECT TO 2 OR MORE
APPLICATIONS)______________________

DATE :

It appearing that Lot/s _______ is/are subject to two (2) or more land applications,
copies of said applications are hereto attached, LIO ___________________ is hereby
directed to ascertain the actual condition of the lot/s, the improvements existing thereon,
and the occupants thereof in accordance to DAO 2016-31, Regional Special Order No.
___ and other existing rules and regulations.

Said LIO is, likewise, directed to submit the corresponding report to this Office for
dispositive action.

SO ORDERED.

CENRO

Copy furnish:
All the parties (by registered mail)
The PENRO
The RED

16
 Form No. 3
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ PENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

ORDER OF INVESTIGATION
WHEREAS, a protest in due form has been filed by _____ against the above-noted
application of __________ covering Lot No. ______, Pls-______, situated at
_______________________ alleging in substance that __________________ and
__________;

WHEREAS, the protest is sufficient in due form and in substance, and that
protestant has already filed Protest Fee of ____ as evidenced by O.R. No. __________;

WHEREFORE, LIO (from CENRO) ___________________ is hereby directed to

conduct actual investigation, ocular inspection and preparation of investigation report in
accordance to DAO 2016-31, Regional Special Order No. ___ and other existing rules
and regulations.

SO ORDERED.

PENRO

Copy furnished:

All parties (via registered mail)

The RED
The CENRO

17
 Form No. 4
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Community Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ CENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

ORDER
WHEREAS, a Protest has been filed by _____________ on _________ ;

WHEREAS, in a letter dated _______, this Office advised the Protestant to

_______________________________________ as required by Sec. 4, DENR
Administrative Order No. 2016-31;

WHEREAS, despite the 15-day period given to the protestant, the latter did not
comply with instruction/s given by this Office;

WHEREFORE, the Protest of ___________ filed against the application of

__________________ involving Lot No. ____ situated at ____________ is hereby
DISMISSED without prejudice, forfeiting whatever amount paid on account thereof in
favor of the government.

CENRO

Copy furnished:

All parties (via registered mail)

The RED
The PENRO

18
 Form No. 5
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Community Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ CENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

SUMMONS
To : name of respondent or his representative
________address_____________
___________________________

GREETINGS:

You are hereby required, within fifteen (15) days from receipt of this Summons, to
file with this Office and serve on Protestant, your verified Answer to the attached Protest.

You are required to submit, with your verified Answer, certified true copies of
documents as well as affidavits of any witnesses to stand as your evidence in this case.
You must present the original document/s on the day of hearing.

A motion to dismiss or motion for bill of particulars are prohibited and shall not be
entertained. Any ground for dismissal should be included in your Answer.

Your failure to respond within the 15-day period shall authorize the Office to
declare you in default and will, thereafter, authorize the same to render judgment subject
to existing rules and regulations on land management and disposition.

LIO/Hearing Officer

Copy furnished:
Protestant
PENRO

19
 Form No. 6
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Community Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ CENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

RESOLUTION

WHEREAS, Applicant-Respondent __________________ filed his Motion for

Extension of Time to File an Answer dated ______________;

WHEREAS, the Motion was filed before the expiration of the 15-day period
provided by DENR Administrative Order 2016-31;

WHEREAS, good cause exists for the granting of such Motion;

WHEREFORE, the Motion for Extension of Time to File an Answer dated ______
by _________________ is hereby GRANTED.

SO ORDERED.

(date, City or Municiplaity, Province), Philippines.

LIO/Hearing Officer

Copy furnished:

Protestant
PENRO

20
 Form No. 7

Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Community Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

MEMORANDUM

FOR : PENRO

FROM : LIO

SUBJECT : ________, CLAIMANT-PROTESTANT VS PATENT

APPLICATION OF ________ APPLICANT-RESPONDENT
INVOLVING LOT NO. ____, PLS-___ SITUATED AT
__________________
DATE :

The undersigned issued summons dated _____ to ____________ requiring him to

file his Answer on the Protest in the abovementioned case within fifteen (15) days from
receipt thereof. Respondent, however, failed to file his Answer within said period.

Hence, the undersigned hereby recommends for issuance of an Order of

default against respondent ____(name)_________ pursuant to DAO 2016-31.

LIO

Copy furnished:
All parties

21
 Form No. 8

Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ PENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

ORDER

It appearing that respondent __________________ failed to file his Answer within

the reglementary period as required by the Summons dated ____________ issued by the
LIO/Hearing Officer of CENRO-___________, RESPONDENT IS HEREBY DECLARED
IN DEFAULT. Protestant ____ is hereby allowed to present his/her evidence ex parte.

SO ORDERED.

(date), (City or Municipality, Province), Philippines.

PENRO

Copy furnished:
All parties
CENRO

22
 Form No. 9
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ PENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

RESOLUTION

WHEREAS, an Order of Default was issued by this Office on ___________ against

respondent ________________;

WHEREAS, the Motion to Set Aside/Lift the Order of Default dated ______ filed by
said respondent shows that the failure to answer was due to _______________ (fraud,
accident, mistake or excusable negligence);

WHEREAS, the Motion shows that respondent has a meritorious defense;

WHEREFORE, premised considered, the Order of Default dated ___ issued by

this Office against ____________ is hereby SET ASIDE.

SO ORDERED.

(date), (City or Municipality, Province), Philippines.

PENRO

Copy furnished:
All parties
CENRO

23
 Form No. 10
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ PENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

RESOLUTION

WHEREAS, an Order of Default was issued by this Office on ___________ against

respondent ________________;

WHEREAS, a Motion to Set Aside/Lift the Order of Default dated ______ was filed
by said respondent alleging that _____________(state the reason/s)________;

WHEREAS, the Motion does not show that the failure to answer was due to fraud,
accident, mistake or excusable negligence nor does it show that he has a meritorious
defense;

WHEREFORE, premised considered, the Motion to Set Aside/Lift the Order of

Default is hereby DENIED.

SO ORDERED.

(date), (City or Municipality, Province), Philippines.

PENRO

Copy furnished:
All parties
CENRO

24
 Form No. 11
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Community Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ CENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

NOTICE OF PRELIMINARY CONFERENCE

To : _______Name of a party_______ (All the parties must be notified. If one
________address_____________ of the parties is represented by a
___________________________ lawyer, service of the Notice on the
lawyer is sufficient.)
GREETINGS:

You and your counsel are hereby required to appear before this Office on
__________________ for the conduct of Preliminary Conference to consider the
following matters:

 Possibility of Amicable Settlement

 Defining and simplifying the issues of the case
 Identification of witnesses
 Scheduling of the Ocular Inspection
 Scheduling the dates of the hearings
 Threshing out any other matters that are relevant to the case that may aid in the
early resolution thereof
 Markings of exhibits and
 Submission of Affidavits in the form of question and answer.

Please be advised that failure of the protestant to appear shall be a cause for a
dismissal of the case and that failure of the respondent (or all of the respondents) shall
be a cause to allow the protestant to present his evidence ex parte and the DENR to
render judgment on the basis thereof.

CENRO

25
 Form No. 12
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ CENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Free Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

ORDER

This case refers to _____

The records of the case disclose that____

It appears that the hearing of the case was set on ______, the protestant ____
failed to appear in spite of the notice of hearing dated ____________ duly served on him,
while respondent _____ appeared.

To give him opportunity to prove his claim, the hearing was postponed and the
case was set anew on ________ with previous notice to the parties. The protestant
appears to have received the notice of hearing on _______. Again, the protestant failed
to appear during the hearing without any known cause while the respondent was present.

Under the circumstances, the protestant obviously has no interest to pursue his
claim and the investigation of the case was conducted ex parte.

WHEREFORE, it is ordered that the Protest of ______ be, as hereby it is,

DISMISSED, forfeiting whatever amount paid on account thereof in favor of the
government, and the Free Patent Application No. _____ of _____ shall be given
further due course.

SO ORDERED.

________________, City/Municipality, Province, Philippines.

PENRO

Copy furnished:
All parties
CENRO
RED
26
 Form No. 13
Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Community Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ CENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

PRELIMINARY CONFERENCE ORDER/

MINUTES OF PRELIMINARY CONFERENCE

Held on _________________
At CENR Office - ____________________
LIO _________________
Hearing Officer

Appearances:

Protestant/s:
_(names of parties and their counsels)
___________________________
___________________________
Respondent/s:
___________________________
___________________________
___________________________

PROPOSED ADMISSIONS AND STIPULATIONS

(SAMPLE ONLY)
Protestant/s sought admission of the following facts by the Respondent/s:

1. Protestants’ predecessors in interest are the lawful heirs of the late spouses Alipio and
Alejandro Montoyi, namely: Elvira and Elviro Montoyi who are real owners of a parcel of

27
 unregistered ladn located at Irisan, Baguio City, particularly described in the
attachments of the complaint.

2. The same parcel of land has been declared for taxation purposes by the protestants and
taxes due thereon were duly paid up to the present.
3. Way back in the early 1980’s up to the filing of the instant case, the protestants were in
continuous possession of the said parcel of land.
4. Based on the Survey conducted by Henry Peralta, the respondent’s dwelling and other
improvements were all within the lot owned by herein Protestants.

Respondent sought admission of the following fact by the Protestant:

1. That on October 25, 1980,herein Respondent Sylverio Costasles sold to spouses Alipion
and Alejandra Montoyi a 1000 square-meter parcel of unregistered land adjacent to that
of the respondent.

MARKING OF DOCUMENTARY EVIDENCE:

For Protestants:

EXHIBITS DOCUMENTS REMARKS

A Special Power of Attorney executed by Montoyi Siblings Admitted/ Not admitted
In favor of Evona Montoyi- Fonda
B Affidavit of Henry Peralta Not Admitted
C Survey Plan Not Admitted
D Demand Letter issued to Souses Costales Not Admitted

For Respondents:

EXHIBITS DOCUMENTS REMARKS

1 Affidavit of Engr. Clemente Marcha Sr. Not
Admitted
2 Deed of Sale of rights over unregistered land executed by Sylverio Not
Costales in favor of spouses Alipio and Alejandra Montoyi Admitted
3 Survey plan of the 3,000 square meters Not
Admitted
3-A Real Property Tax Declaration Not
Admitted
4 Subdivision Survey Plan Not
Admitted
4-A Tax Declaration over subdivided lots Not
Admitted

TRIAL DATES AND NUMBER OF WITNESSES:

Protestant Respondent
Number of Witnesses 4 witnesses 3 witnesses
Trial Dates 4 trial dates 5 trial dates

28
Prepared by:

___________________
(Secretary)

LIO

29
 Form No. 14

Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Community Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

COMPROMISE AGREEMENT
(Mandatory ADR)
We, the claimants of the parcel of land applied for (Lot No. ________________)
situated at _____________________________________________, pursuant to DENR
Administrative Order No. 2016-30 dated 22 September 20161 hereby declare that we
have voluntarily agreed on the following:

Term and Condition 1.

That_____________________________________________________________
______________________________________________________________________
______________________________________________________________________
________________________;

Term and Condition 2.

That_____________________________________________________________
______________________________________________________________________
______________________________________________________________________
________________________;

Term and Condition 3.

That_____________________________________________________________
______________________________________________________________________
______________________________________________________________________
________________________;

We have read and fully understand the contents of this Agreement and voluntarily
affixed our signatures herein, which shall from part of the records of the Public Land
Application filed by ___________________________. The same shall constitute as full
and final settlement of any Protest or Complaint each party may have against the other
in relation to the subject lot.

IN WITNESS WHEREOF, the Parties hereto have mutually and voluntarily agreed
to the above stipulation, and sign this Agreement, at _________________________, on
this _____ day of ___________________, _________ for the consideration and approval
of the Honorable Office.

________________________________ ________________________________
NAME AND SIGNATURE NAME AND SIGNATURE
APPLICANT CLAIMANT/ADJOINING OWNERS

Signed in the presence of:

30
 __________________________ _______________________________
Witness Witness

Attested by:

_______________________________
ADR Officer

Noted by:

_______________________________
CENRO

Copy furnished:

PENRO

31
 Form No. 15

Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ CENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

DECISION
This refers to the land claim of _____________________ against the above-noted
application of _______________ of Lot No. _____________ situated at
_________________, Province of ______________.

During the hearing, both parties appeared and manifested their desire for an
amicable settlement. Accordingly, they submitted Compromise Agreement dated
______________ duly signed by both parties and attested by LIO _________, stating
among others:

(state pertinent portions)

The terms and conditions of the amicable settlement appear to be not contrary to
to law, morals, good customs, public order or public policy, and consequently, should be
given full force and effect.

WHEREFORE, premises considered, the Compromise Agreement dated

________ is hereby APPROVED. The Protest of ________ against Patent Application
No. _____ of _______ is hereby DISMISSED with prejudice, forfeiting whatever amount
paid on account thereof in favor of the government.

Accordingly, the land is divided between the parties in such a way that portion A
shall belong to _____ and portion B shall belong to _______ as reflected in the sketch
reproduced at the back of this Order. The Free Patent Application No. ___ of ______ shall
be amended so as to cover Portion B or Lot No. ____, Pls ____, and as thus amended,
shall be given due form after the approval of the subdivision survey at the expense of
both parties. Protestant _______ shall file an appropriate application for Portion A of Lot
No. ____, Pls-_____ within sixty (60) days from the approval of such survey.

PENRO
Copy furnished: The parties, RED, CENRO

32
 Form No. 16

Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ CENRO Claim/Conflict No._____

___________________________,
Claimant-Protestant,

-versus- Lot No. __________

(Location of Land)
Patent Application No. _________, (Area size)
___________________________ ,
Applicant-Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

DECISION
This refers to the land claim of _____________________ against the above-noted
application of _______________ of Lot No. _____________ situated at
_________________, Province of ______________.

During the hearing, both parties appeared and manifested their desire for an
amicable settlement. Accordingly, they submitted Compromise Agreement dated
______________ duly signed by both parties and attested by LIO _________, stating
among others:

(state pertinent portions)

The terms and conditions of the amicable settlement appear to be CONTRARY to

to law, morals, good customs, public order or public policy, and consequently, should not
be given full force and effect.

WHEREFORE, premises considered, the Compromise Agreement dated

________ is hereby DENIED. Let the case be remanded to the Land Investigation Officer
(LIO) _______________________ for continuation of the proceedings.

PENRO

Copy furnished:
The parties
RED
CENRO

33
 Form No. 17

Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Community Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

MEMORANDUM

FOR : PENRO

FROM : LIO of CENRO

SUBJECT : FINAL INVESTIGATION REPORT ON THE CLAIM OF

_____________ AGAINST PATENT APPLICATION OF
_______________ INVOLVING LOT NO. ____, PLS-___
SITUATED AT __________________

DATE :

This controversy stemmed from the Protest dated _______________ filed by

_________________ against Free Patent Application No. of __________________
covering, more or less, _______ square meteres identified as Lot No. ____________
situated at ___________________.

Formal Investigation was conducted pursuant to an Order of Investigation

dated _________ issued by PENR Officer _________________.

Protestant ________________ alleges that _______________________. In support

of his claim, he submitted the following pleadings and documents.

In their Answer dated ___________________, respondent alleges that

__________________________________. In support of his claim, he submitted the
following pleadings and documents:________________.

In the hearings conducted, it has been established by preponderance of

evidence that ____________________________________.

During the ocular inspection conducted on ____________ at

_____________________, the following were present: ______________________,
_________________, ________________. The ocular inspection as evidenced by the
geotagged photos/ videos show that the land in question is
_______________________________.

Upon consideration of the facts established during the investigation and of

the findings in the ocular inspection, the undersigned recommends the following:

1. ______________ because ________________;

2. ______________ because ________________; and
3. ______________ because ________________.
LIO
34
 Form No. 18

Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

Subject:

___________________________ PENRO Case No. _______

___________________________,
Petitioner

-versus- Lot No. __________

(Location of Land)
Patent No. __________________,
___________________________,
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

ORDER

WHEREAS, a Petition for Cancellation of Patent has been filed by _____________

on _________;

WHEREAS, in a letter dated _______, this Office advised the Petitioner to

_______________________________________ as required by Sec. 30, DENR
Administrative Order No. 2016-31;

WHEREAS, despite the ______-day period given to the Petitioner, the latter did
not comply with instruction/s given by this Office;

WHEREFORE, the Petition of ___________ filed against Patent No. _____ of

________________ involving Lot No. ____ situated at ____________ is hereby
DISMISSED without prejudice, forfeiting whatever amount paid on account thereof in
favor of the government.

PENRO

Copy furnished:

All parties (via registered mail)

The RED
The CENRO

35
 Form No. 19

Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment & Natural Resources Office
Region IX, Zamboanga Peninsula
Imelda, Zamboanga Sibugay
 (062-955-3078)

MEMORANDUM

FOR : PENRO

FROM : LIO of PENRO

SUBJECT : FINAL INVESTIGATION REPORT ON THE PETITION OF

_____________ AGAINST PATENT NO. _______ OF
_______________ INVOLVING LOT NO. ____, PLS-___
SITUATED AT __________________

DATE :

This controversy stemmed from the Petition dated _______________ filed by

_________________ against Patent No. of __________________ covering, more or less,
_______ square meters identified as Lot No. ____________ situated at
___________________.

Formal Investigation was conducted pursuant to an Order of Investigation

dated _________ issued by RED __________________.

Petitioner ________________ alleges that _______________________.

___________________________________________ .

In the hearings conducted, it has been established by preponderance of

evidence that ____________________________________.

During the ocular inspection conducted on ____________ at

_____________________, the following were present: ______________________,
_________________, ________________. The ocular inspection as evidenced by the
geotagged photos/ videos show that the land in question is
_______________________________.

Upon consideration of the facts established during the investigation and of

the findings in the ocular inspection, the undersigned recommends the following:

1. ______________ because ________________;

2. ______________ because ________________; and
3. ______________ because ________________.

LIO

36