Professional Documents
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Principles of Human Ecology Geography
Principles of Human Ecology Geography
Philippine Archipelago
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17 regions (8+3+6): Provinces 81 cities 146, municipalities 1,488
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Breakdown of Regions
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17 regions (Luzon 8+ Vis 3+ Min 6)
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Regions:
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Luzon : NCR, CAR, Regions 1,2,3,4A.4B,5
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Visayas : Regions 6,7,8
Mindanao : Regions 9,10, 11,12,13,BArmm
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Regions in Luzon (8)
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Sorsogon
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Leyte,
Regions in Mindanao (6)
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oriental
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Region 12 – Soccskargen – Cotabato, Sarangani, South Cotabato, Sultan kudarat
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Region 13 – Caraga – Agusan del norte, Agusan del sur, Dinagat Islands, Surigao del
norte, Surigao del sur
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BARMM : Bangsamoro Autonomous Region in Muslin Mindanao – Basilan, Lanao
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Del sur, Maguindanao, Sulu, Tawi-tawi
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Alienable and Disposable (A&D) - 47%
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state owned – 16% + privately owned – 31%
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Protected Areas – 53%
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forested and mineral lands and other categories reserved for the public domain which
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can only be leased.
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History – 4 eras
1 - Pre-Hispanic
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In the between the last two eras, the country was briefly under Japanese occupation
(WWII) from 1941-1945.
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First 2 eras:
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Pre-Hispanic Times:
Land ownership - feudal in nature. Communal land under feudal lords.
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Hispanic Period:
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sale of public domain by bidding to individuals (144 ha.) and corporations
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(1024 ha.), and leases up to 1,024 ha.
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Act 4054 (1933) – Rice share tenancy act.
Act 4113 (1934) – Regulated tenancy over sugar cane lands.
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American era – Commonwealth
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In 1935, the Insular Government was replaced by the Philippine Commonwealth established
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by the Tydings-McDuffie Act.
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C.A. 141 (1936), - the new Public Land Act, expanding distribution of land by homestead, free
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patent, sale, lease, and judicial confirmation of titles for land occupied more than 30 years.
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Interruption: WW II – Japan bombs Pearl Harbor Dec. 7, 1941, landed at Lingayen Dec. 22,
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surrendered Manila Feb. 23, 1945, surrendered Japan Sept. 2, 1945. Philippine freedom
regained officially July 4, 1945. Japan occupied the Philippines only 3.5 years.
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Post-war
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R.A. 3844 (1963) Macapagal - abolished share tenancy, institutionalized lease holding,
created the Land Bank and Court of Agrarian Relations.
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Marcos period 1 : 1965-1972
Ferdinand Marcos became president on December 30, 1965, won a second term on 1969,
and proclaimed martial law on September 21, 1972 which lasted for 14 years until February
24, 1986. Under his republican tenure –
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R.A. 4726 (1966) - The Condominium Act -
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R.A. 6389 (1971) - created the DAR
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R.A. 6390 (1971) - established a fund to support DAR
R.A. 6552 (1972) - Real Installment Buyer Act “Maceda Law”
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Marcos Period 2: Martial law
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P.D. No. 2 (1972) - entire country under land reform.
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P.D. 27 (1972) - rice and corn tenants 5 hectares if not irrigated and 3 hectares if
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irrigated. Retention - 7 hectares.
P.D. 461 (1974) - created Dept. of Agriculture (DA) and Dept. of Environment and
Natural Resources (DENR).
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P.D. 892 (1976) - Discontinuing validity of Spanish titles.
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P.D. 933 (1976) - Human Settlements Commission.
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P.D. 1517 (1978) - Urban Land Reform Act. 10 years the rights of pre-emption and
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redemption.
P.D. 1529 (1978) - Property Registration Decree, title registration.
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People Power revolution, Corazon C. Aquino became president on Feb. 25, 1986 and
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R.A. 8435 (1997) - Agriculture and Fisheries Modernization Act.
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R.A. 8532 (1998) - extended RA 6557 another 10 years until 2009.
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Joseph Estrada : June 30, 1998 – Jan. 20, 2001
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R.A. 8748 (1999) – amended R.A. 7916, provisions for the PEZA
R.A. 8749 (1999) – Philippine Clean Air Act.
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R.A. 8974 (2000) – Expropriation Act – for government projects.
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R.A. 9003 (2000) – Solid Waste Act
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Gloria Macapagal Arroyo : Jan. 20, 2001 – June 30, 2010
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R.A. 9275 (2004) – Philippine Clean Water Act
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R.A. 9397 (2007) – Amending RA 7279, sell land for socialized housing
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R.A. 9700, (2009) - Extending R.A. 6557 another 5 years until June 2014.
R.A. 10023 (2010) – Free Patent Act – titling of small parcels of public lands
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Updates – RA 11231 - Feb. 22, 2019 – Agricultural Free Patent Reform Act
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Background: CA 141 and amendments restricted landowners to sell and mortgage for
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5 years all land obtained from patents. All restrictions are hereby removed. Thus, all
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agricultural patents issued starting 2014 and until today are now titles in fee simple and
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Opportunity:
Seek out agricultural free patent landowners in the provinces.
Updates – RA 11573- July 16, 2021 – Simplifies confirmation of imperfect titles
Background:
CA 141 and other amendments restricted the titling of free patents. Titling stopped Dec.
31, 2020 due to RA 9176 - Around 300,000 hectares affected.
RA 11573:
Deadline for filing FREE PATENT applications of Dec. 2020 has been removed. Tenure
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reduced to 20 years (previous was 30 years prior to RA 6940 enacted in 1990; thus must
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have occupied in 1960).
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CENRO/PENRO 120 days. Approval 5 days by RegD (5-10ha) Sec (10-12). Private owners
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may file petition to RTC for titling of land from accretion. A&D certification by a DENR
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designated GE – state applicable Forestry Admin Order, DENR admin order, Executive order,
Proclamations, Land Classification project map number.
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Updates – RA 11573- July 16, 2021 – Simplifies confirmation of imperfect titles
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Opportunity: (300,000 hectares)
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1. Seek out agricultural free patent landowners who started from 1960 to 2000. They
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can now apply for titling.
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2. Collaborate with a DENR designated GE.
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3. Facilitate titling.
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Updates –
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Background:
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But: New DAR Secr. Bernie Cruz says - until today 700,000 hectares are still
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pendingdistribution, many are disputed cases – particularly uplands over 18% slope and
areas exempted such as fishponds. Many are eligible for conversion.
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Opportunities:
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OPPORTUNITIES:
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Foreign retailers will seek out new sites for stores, commissaries, warehouses, etc. Brokers,
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appraisers and consultants will be needed.
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Environmental Laws
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Ecology
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2011 - first board exam for real estate brokers under the new RESA Law. Most difficult subject
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was “Ecology” (listed in RESA Law)
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Caveat: Ecology is such a broad, diverse and technical topic which can not be covered in one
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lecture
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Ecology - scientific study of relationships between living organisms have and with their
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natural environment.
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The Earth :
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biosphere, sometimes described as fourth envelope, is the part of the planet on which the life
developed. It is a very thin surface layer, which goes down to 11000 meters of depth to rising
up to 15000 meters of altitude, although the majority of life live in the zone located between
-100 meters and +100 meters.
Ecosystem
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microecosystem. A microecosystem could be a forest, and a macroecosystem a whole
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ecoregion, with its watershed
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Examples: a pond, a field, or a piece of deadwood, a stone and all the life under it. d.
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Ecosystem productivity:
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In an ecosystem, the connections between species are generally related to food and their
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role in the food chain. There are three categories of organisms:
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Producers -- plants which are capable of photosynthesis
Consumers
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-- animals, which can be primary consumers (herbivorous), or secondary
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or tertiary consumers (carnivorous).
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Decomposers -- bacteria, mushrooms which degrade organic matter of all categories,
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Ecological crisis
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Generally, an ecological crisis is what occurs when the environment of life of a species or a
population evolves in an unfavorable way to its survival. It may be that the environment
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quality degrades compared to the species needs, after a change of abiotic ecological factor
(for example, an increase of temperature, less significant rainfalls). It may be that the
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environment becomes unfavorable for the survival of a species (or a population) due to an
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increase pressure of predation (for example over-fishing). Lastly, it may be that the situation
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becomes unfavorable to the quality of life of the species (or the population) due to rise in the
number of individuals (overpopulation).
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Inter-agency committee: led by DENR, includes – DA, DPWH, DILG, DECS, NEDA,
HSC, LLDA, NHA, NIA, U.P. , Pag-asa
P.D. 1586 (1978) - Environmental Impact Statement System.
EMB to review EIS (Environmental Impact Statements)
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(4) Golf courses.
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ECAs – (1) National parks, watershed, wildlife preserves;
(2) Tourist spots;
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(3) Habitats for endangered species;
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(4) Historic, archaeological sites;
(5) Indigenous people communities
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(6) Critical slopes;
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(7) Prime agri;
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(8) Aquifers;
(9) Water bodies;
(10) Mangroves
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(11) Coral reefs.
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CONTENTS OF EIS
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Project Description;
Matrix of the scoping agreement identifying critical issues and concerns, as validated by EMB;
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Baseline environmental conditions focusing on the sectors (and resources) most significantly
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3. Areas which are the habitats of endangered or threatened species of indigenous
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Phil. plants and animals.
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4. Areas of unique historic archeological or scientific interest
5. Areas which are traditionally occupies by indigenous people or cultural communities
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6. Areas frequently hit by natural calamities ( geologic hazards, floods, typhoons,
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volcanic activity, etc.)
7. Areas of critical slopes
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8. Areas classified as prime agricultural lands
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9. Recharged areas of aquifers
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10. Water bodies which are used for domestic supply , or support fisheries and wildlife.
1. Heavy Industries - Non –ferrous metal Industries, Iron and steel mills, Smelting Plant,
Petroleum and petrochemicals industries including oil and gas;
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a. Major dams;
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Category B. Projects that are not categorized as ECPs, but which may cause negative
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environmental impacts because they are located in Environmentally Critical Areas (ECAs)
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Category C. Projects intended to directly enhance environmental quality or address
existing environmental problems not falling under Category A or B.
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Category D. Projects unlikely to cause adverse environmental impacts
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All other activities not covered by the EIS system may have the option to secure
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Certificate of Non-Coverage (CNC) as provided for in DAO 03-30
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Requirements for CNC Project Established Prior to 1982 : Project Description (DAO 30,
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Series of 2003); Proof of existence before 1982, any of the following - 1. SEC Registration
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(page 1); 2. Business permit or its equivalent; 3. Duly certified copy of Lease Agreements
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issued (if applicable); 4. Other proofs (i.e Municipal Assessor, BIR)
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Green Buildings: Building certification platforms
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LEED : See LEED at www.usgbc.org stands for – “Leadership in Energy and
Environmental Design”. by the U.S. Green Building Council (USGBC) made up of 77
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chapters, 13,000 member organizations and 181,000 LEED professionals worldwide. five key
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areas:
1. Sustainable site development;
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2. Water savings;
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3. Energy efficiency;
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4. Materialsselection and
5. Indoor environmental quality.
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LEED defines “green building” by establishing standard measurements and providing a
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roadmap to creating sustainable structures. Buildings can qualify for four levels of LEED
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EDGE : see EDGE at www.edgebuldings.com EDGE stands for “Excellence in Design for
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Greater Efficiencies.” crafted by the International Finance Corporation. software based app
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designed to jumpstart green buildings in a simple, fast and affordable way. The software is
free at edgebuildings.com. Projects that achieve a 20% projected reduction in use of energy,
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water and embodied energy in materials can obtain EDGE certification at a modest cost by
the Green Building Council Inc which administers it in 120 countries.
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BERDE: see BERDE at www.philgbc.org In 2009, the Philippine Green Building Council
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established a local certification program called BERDE (obviously, the local word for
“green.”).
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BERDE is recognized by the Philippine government through the Department of Energy as the
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BERDE’s rating system is like that for hotels – a star system. One star means 51-60%
compliance which Five-Star is 91-100% compliance.
The Role of DENR in land management
Brief history
Roots: 1917, Act No. 2666 created Department of Agriculture and Natural Resources
(DANR).
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PD 461 (1974) separated “Natural Resources” from the DANR created a Department of
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Natural Resources (DNR)
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In Jan. 1987, under EO 131, the DNR was renamed to DEENR (Department of Environment,
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Energy and Natural Resources) but in June 1987, EO 192 finally renamed it to the current
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DENR.
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Organization of DENR. DENR has 6 Bureaus:
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Biodiversity Management (BMB)
Ecosystems Research and Development (ERDB)
Environmental Management (EMB)
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Forestry Management (FMB)
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Land Management (LMB)
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Sales Patent
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a. PENRO officer (up to 5 ha.); Regional Director (up to 10 ha.);
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b. DENR Secr. (above 10 ha.). DENR issues an Order transmitted to the RD for
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registration and issuance of a patent title.
6. Prescription: under RA 11231, all restrictions have been lifted.
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Residential Free Patent - RA 10023 – March 9, 2010.
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Who may apply: Any Filipino citizen who is an actual occupant of a residential land at
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least 10 years may apply.
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Maximum areas:
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highly urbanized cities - 200 sq.m.
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other cities - 500 sq.m.
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• Approving authority: PENRO officer (up to 5 ha.); Regional Director (up to 10 ha.);
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DENR Secr. (above 10 ha.) DENR issues an Order transmitted to the RD for
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What is HP: initial a one-year tenure for those who establish agricultural homes and
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cultivate the land. File final proof after one year before a homestead patent is issued.
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Who may apply - Citizen of the Philippines, over 18 years of age or head of the family,
not an owner of more 5 hectares (as revised by RA 6657 under DENR Memo Circular
No. 22, s-1989).
Conditions: Begin work within six (6) months and cultivate at least 1/5 of the area within 5
years; reside continuously for at least one year in the municipality or in an adjacent
municipality. After fulfilling the residence and cultivation requirements, patent with complete
technical description of the land is approved and transmitted to the RD for issuance of title.
Sales Patent
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Sales Patents for A&D agricultural public lands for not more than 12 hectares, acquired
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at public auction thru sealed bidding where an applicant has the option to equal the
highest bid.
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• Who may apply - Filipino citizen of legal age; if not of legal age, who is the head of the
family
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• Conditions - occupy and cultivate not later than six (6) months from award; shall have at
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least one fifth (1/5) of the area occupied, and cultivated in order to be entitled to a patent. On
submission of proofs of full payment of purchase price of the land, a Sales Patent in Judicial
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Form No. 11 is issued and transmitted to the Register of Deeds concerned.
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Patents for 5 hectares and below - signed by the Regional Executive Director; more than 5
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6) Miscellaneous Sales under RA 730 - R.A. 730 authorizes the Regional Executive
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Director of DENR to sell pre-occupied public land if justified after concurrence by DPWH.
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7) Insular Government Property Sales - sale of land titled in the name of the
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Who may Apply: Filipino citizens of legal age, married or if single but head of family.
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(Corporations are not allowed to acquire public lands through purchase, only by lease).
Common Process: Sales is by auction through oral or sealed bidding.
ACQUISITION BY LEASE
Lease period: 25 years, renewable another 25 years.
Who can lease: Any qualified individuals and corporations owned at least 60% by Filipinos.
Rental amount: percentage of land value which is re-appraised every 10 years.
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a. Lease of land for agri-business projects. Appraisal committee conducts valuation.
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b. Reverse auction by sealed bidding.
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c. Bids – minimum annual rent at least 3% of appraised value, deposit 3 months
rental.
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d. Corporate applicants - submit SEC documents and feasibility study.
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2. Foreshore Land Lease
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a. Foreshore land may be leased long-term for residential commercial, industrial, or
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other use.
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b. Lease shall be by public auction thru public bidding.
c. Maximum area is 500 hectares for individuals and 1,000 hectares for a
corporation.
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Acquisition of land formed by accretion
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Key Definitions:
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● Islets – small islands formed by action of waters that are unstable and impermanent.
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● Sandbar – shallow portion of the coast near the surface of the water
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Acquisition of land formed by accretion
Deltas, islands, islets, sandbars, dried creeks and dried riverbeds - formed by accretion,
shall not be alienated unless declared open for disposition by Congress.
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Lands formed by accretion adjacent to agricultural lands may be disposed in accordance with
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CA 141 as amended by the Public Land Act and Sec. 2, Chapter 2, Book II, Title II of the Civil
Code. If the adjacent land is already titled, landowner may conduct a new survey and proceed
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to the Court for acquisition. If still untitled, an adjacent claimant may consolidate the same for
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filing an appropriate land acquisition application. Lands formed within non-navigable lakes or
rivers shall be governed by Art. 465 of the Civil Code. Clearances may be required from
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MGB. Law on easements under Art. 51 of PD 1067 or the Water Code shall be observed. [ ]
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