Declaring Ancestral Lands Occupied And Cultivated By National Cultural Communities As Alienable And Disposable, And For Other Purposes

Case Overview and Summary

Presidential Decree No. 410

Declaring Ancestral Lands Occupied and Cultivated by National Cultural Communities as Alienable and Disposable

- Declares the policy to assist landless tenants, including Muslims and cultural minority groups, in acquiring ownership of lands occupied and cultivated by them and their ancestors. (Preamble)
- Defines "ancestral lands" as lands of the public domain occupied and cultivated by members of National Cultural Communities for at least 30 years before the decree, under a bona fide claim of ownership according to their customs and traditions. (Section 1)
- Declares the following as ancestral lands of National Cultural Communities:
    - Unappropriated agricultural lands in specified provinces occupied and cultivated by them for at least 10 years before the decree. (Section 1)
    - Other areas designated by the President upon recommendation of the Secretary of Agriculture and Natural Resources. (Section 2)
- Declares these ancestral lands as alienable and disposable, to be distributed exclusively among members of the concerned National Cultural Communities. (Section 1)
- Excludes lands reserved for settlement purposes under the Department of Agrarian Reform and other public or quasi-public purposes. (Section 1)
- Allows the government to establish agro-industrial projects in these areas for employment and development. (Section 1)
- Requires the Bureau of Lands to identify, survey, and subdivide the ancestral lands into family-sized farm lots not exceeding 5 hectares each, to be allocated to members of the National Cultural Communities. (Section 3)
- Mandates the issuance of Land Occupancy Certificates to members of National Cultural Communities presently occupying and cultivating lands within ancestral lands. (Section 4)
- Prohibits the transfer, sale, or alienation of granted lands within 10 years after acquisition, except in favor of the cooperative, the government, or its agencies. (Section 5)
- Requires recipients to be members of a farmer cooperative before receiving a Land Occupancy Certificate. (Section 6)
- Prohibits mortgages or encumbrances on the lands without approval from the Secretary of Agriculture and Natural Resources. (Section 6)
- Gives occupants of ancestral lands 10 years from the decree's approval to file applications to perfect their title, or else lose their preferential rights. (Section 8)
- Imposes penalties of a fine not exceeding ₱1,000 or imprisonment not exceeding 6 months, or both, for violations of the decree or its implementing rules. (Section 9)
- Authorizes the Secretary of Agriculture and Natural Resources to promulgate implementing rules and call upon other government agencies for assistance in implementation. (Sections 6 and 7)
- Repeals or modifies contrary provisions of law, decree, general order, executive order, rule or regulation. (Section 10)