The CBFM program mandates DENR in coordination with local government
units and the DILG to grant participating communities with access to forestland
resources under long term tenurial agreements, provided they employ
environment-friendly, ecologically-sustainable, and labor-intensive harvesting
methods.
CARP in public lands
Tenure reform in public lands. For CARP implementation, DENR covers all public
lands devoted to, or suitable for agriculture. The CARP Law states that ancestral
lands being inhabited by indigenous cultural communities are protected and
reserved for their use, and therefore would not fall under redistribution.
Exempted from CARP are lands with a slope of more than 18 percent, and
reserved lands such as national parks, forest reserves, fish sanctuaries and
watersheds. Also exempted are lands used in the national/public interest such as
for national defense and education and experimental farms, church and mosque
sites, cemeteries and the like.
In addition to the disposition of public agricultural lands, the DENR is also
mandated to undertake two other tasks: (1) support for the land acquisition and
distribution by conducting surveys of public A&D lands and the verification and
approval of surveys for the DAR; and, (2) provision of technical and operational
support to the program (e.g., PO strengthening, agro-forestry support, income
generating projects, forest area development and management, infrastructure
support, and marketing information).
There are two modalities for the distribution of land under DENR:
First, public A&D lands suitable for agriculture are distributed to farmer
beneficiaries through the processing and issuance of free patents and homestead
patents. A free patent is a mode of acquiring a parcel of public A&D land suitable
for agricultural purposes through the “administrative confirmation of imperfect
and incomplete title,” while homestead patent is a mode of acquiring public
A&D lands for agricultural purposes “conditioned upon actual cultivation and
residence.”17 The qualifications for applying for free and homestead patents are
enumerated in Table 10.
Other types of patents issued by DENR to dispose of public lands are Miscellaneous Sales, for disposing public A&D
lands for residential purposes and Sales Patents, for disposing public A&D lands at public auction through sealed bidding.
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Status of Land and Resource Tenure Reform in the Philippines 2018
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