Tenure over forestlands can mean sustenance for the poor as well as protection of
natural resources. It is in this context that CARP included public lands in agrarian
and tenure reform. This section briefly describes DENR’s accomplishments
on tenure reform and identifies some emerging issues and gaps in the
implementation of tenure reform in public lands under CARP.
Evolution of tenure reform in forestlands. During Spanish colonization, the
control and management of the land and natural resources were placed under
State ownership. The 1894 Maura Act made it an imperative for all undocumented
property rights to be transferred to the State. The US colonial government used
the same notion by promoting the Regalian Doctrine. Without documented land
titles, many Filipinos ended up losing their rights to land either to the State or to
the elites. Among the most affected were indigenous peoples.
State ownership of all lands in the public domain was further strengthened by
the 1935 and 1973 Constitutions. Commonwealth Act 141, or the Public Land Act
of 1936, established the systems of classification, administration, and distribution
of public lands by the State. Upland dwellers in public lands were considered
squatters, and kaingin or shifting cultivation were blamed for forest destruction
which was estimated at a rate of 200,000 hectares per year by the 1960s (Makil
1982 as cited by Pulhin, et. al, 2008).
The Forestry Reform Code of the Philippines in 1972 was among the first
mechanisms to rehabilitate forests with the participation of local communities.
However, the law did not provide land tenure security, and merely involved forest
dwellers as cheap labor for reforestation.
The Integrated Social Forestry (ISF) Program was formed in 1982 granting local
communities the right to access and cultivate upland areas, and to secure tenure
for 25 years. As a program approach, the ISF sought to address ecological stability
and enhance socio-economic conditions of forest occupants and communities
in open and deforested upland areas, and mangrove areas.
The Letter of Instruction (LOI) 1260 of 1982 recognized the “concept of man’s
new role of stewardship over our natural resources” as enshrined under the
1973 Constitution;” the law provided for kaingineros and other forest occupants
in identified kaingin settlements to be included under ISF, through 25-year
stewardship contracts.
Although the objectives of social forestry included alleviation from poverty of
forest dwellers and forest rehabilitation, its true intentions were questioned
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Status of Land and Resource Tenure Reform in the Philippines 2018
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