each case and shall take into consideration the particular policies, rules,
jurisdictions, and mandates of the concerned agencies.
The Manual contains clear guidelines about the jurisdiction of each of the
agency concerned over lands of public domain and ancestral domains. As
an example, the Manual states that the “DENR has jurisdiction over all
lands of the public domain (i.e. agricultural lands, forest or timber lands,
national parks, and mineral lands) except those placed by the law and/
or other issuances under the operation jurisdiction of other government
agencies.” Furthermore, the DENR is also responsible for the conservation,
management, development, and proper use of the country’s environment
and natural resources, as well as the licensing and regulation of all natural
resources as provided by existing laws.
Pursuant to Sec. 4 of Republic Act 657 as clarified in Joint DAR-DENR
Memo Circular No.9, series of 1995 and Joint DAR-DENR Memo Circular
No. 14 and 19, series of 1997, the jurisdiction of the DAR is affirmed in
several categories of lands. These are all alienable and disposable lands
of the public domain devoted to or suitable to agriculture which were:
(1) proclaimed by the President as DAR resettlement projects and placed
under the administration of DAR for distribution to qualified beneficiaries
under CARP; (2) placed by law under the jurisdiction of DAR; and, (3)
previously proclaimed for the use of government departments, agencies
and instrumentalities and subsequently turned over to DAR pursuant to
E.O. 407 series of 1990, as amended by E.O. 448 and 506 series of 1992.
The DAR also maintains jurisdiction over all lands of the public domain
in excess of the specific area limits as determined by Congress in the
preceding paragraphs; all other lands owned by the government devoted
to or suitable for agriculture; and all private lands devoted to or suitable
for agriculture regardless of the agriculture products raised or that can be
raised thereon.
The Manual also defines the jurisdiction of the NCIP. These include the
following: the recognition of the rights of the ICCs/IPs, agrarian reform
beneficiaries and patentees who are ICCs/IPs; adoption of the NCIP
guidelines on the indigenous concept of land ownership, oversight and
ANGOC and PAFID
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