The National Land Use Act (NLUA) was formulated to address the Philippine land policy’s unclear identification of preferences for land use. NLUA aims to institutionalize land use and physical planning, for a systematic determination and evaluation of land use and allocation patterns.
In line with the goal of NLUA to efficiently manage lands, the Land Sector Development Framework (LSDF) was devised to provide a strategic roadmap of the land sector, scoping: land administration, land management, land market valuation, and assessment. The LSDF is part of the country’s long term development agenda.
Another initiative towards the improvement of land reform in the country is the adaptation of Valuation standards. Updated last year, the Philippine Valuation Standards (PVS) utilizes a recognized criteria and common principles, in the undertaking of valuation assignments. The purpose of the PVS is to uphold consistency and transparency in valuation of properties.
The NLUA would provide the over-all policy environment for the implementation of the LSDF and the application of the PVS. If passed, NLUA will function as a guide in addressing cases specifically concerning: recurrent and overlapping tenurial instruments, land uses, allocation arrangements in both public and private lands, and so on.
In the present congress, the NLUA has passed the third reading at the House of the Representatives (HOR) and is now pending at the Committee of Environment and Natural Resources in the Senate, chaired by Senator Cynthia Villar.
To flesh out the relationships of the proposed NLUA, LSDF and the updated PVS, the Department of Environment and Natural Resources (DENR), Department of Finance (DOF), Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC), Campaign for Land Use Policy Now! (CLUP Now!), and International Land Coalition’s National Engagement Strategy (ILC-NES) co-organized the third in a series of roundtable discussions (RTDs) on NLUA in relation to policy agenda and issues, last 8 May 2018 at the DENR Central Office. The RTD entitled, “The National Land Use Act (NLUA) vis-à-vis the Land Sector Development Framework (LSDF) and Updated Philippine Valuation Standards (PVS),” aimed to discuss how the NLUA may create an enabling environment for the implementation of LSDF; discuss the importance of implementing updated valuation standards in securing tenure and ensuring proper use and management of land and natural resources; and decide on concrete actions which executive agencies of the government, civil society organizations (CSOs), and intergovernmental organizations (IGOs) may jointly undertake in pursuit of the passage of the NLUA.
Representatives from the Land Management Bureau of the Department of Environment and Natural Resources (LMB-DENR), Bureau of Local Government Finance of the Department of Finance (BLGF-DOF), World Bank (WB), Food and Agriculture Organization (FAO), and CSOs participated in the event.
Chief of the Land Policy and Planning Division of LMB-DENR, Engr. Henry Pacis, delivered the opening remarks. He stated that the contents of the LSDF and the PVS are in line with the provisions of the Voluntary Guidelines on the Governance of Tenure of Land, Fisheries, and Forests (VGGT). Engr. Pacis mentioned that both the LMB and BLGF are still open for inputs from other sectors.
Ms. Alvarez of CLUP Now! presented the salient features and compelling reasons for the passage of the NLUA (HB 5420). The rationale for passing a national land use legislation include: sectoral and overlapping land policies and agency mandates leading to inefficient land management, conflicts spurred by unregulated access to land, the rising population of urban and informal settlers, changing climate increasing vulnerability especially of poor sectors, and the need to secure access to food and natural resources in the long term. If passed, the NLUA would provide a national land use framework with the four land-use categories: protection, production, settlement and infrastructure, indicating broad spatial directions and policy guidelines for land use.
A briefer on the LSDF was presented by Mr. Henry Pacis. The LSDF is among the outputs of the Land Administration and Management (LAMP)2 in 2010. The framework sets out vision, mission, policy statements, and strategies for 20 years, on effectively harnessing efforts and engendering a common policy for administration and management in the country, among land administration and management sectors, private sector, and education and research institutions.
The LSDF has four main components, namely: Land Administration and Information Management, Land Management, Enabling Environment, and Property Valuation and Taxation.
Engr. Pacis also reported the status of DENR land tilting as of December 2016. He mentioned that the Bureau is presently collating national data, but overlapping records submitted by the regional offices to the Bureau create difficulties in consolidation. As a result, land data are subject for validation using the Rapid Land Tenure Appraisal Activity.
Mr. Timothy Salomon of ANGOC facilitates the RTD
The presentation on the PVS was delivered by the Director of BLGF, Dr. Arnold Tan. He explained that the adaptation of the International Valuation Standards (IVS) is for the long-term commitment on the land reform program, which aims to alleviate poverty, sustain economic growth by improving the land tenure security, and foster efficient land markets.
The main objectives of PVS include: to raise the quality of public and private sector valuations and reporting valuations, to provide consistency and understanding between providers and users of valuations at national and international levels, to promote transparency and reliability of valuations for disposal of government assets, financial reporting, secured lending, transfers of owners and litigation and taxation, and to reduce financial risk for users of valuations.
The reactors of the RTD were representatives from the National Anti-Poverty Commission (NAPC) and a National Forestry Specialist from FAO. Recognizing the importance of NLUA in addressing land problems in their focal sectors, mainly concerning land disputes and inappropriate land distribution, reactors have expressed their support in the passage of the proposed NLUA.
The reactors also raised some issues concerning the PVS. Ka Uper, a Fisherfolk Representative and Sectoral Vice President of NAPC, emphasized that PVS evaluates only titled properties. This is a problem, as some owners of titles and lease agreements use land for longer than what is indicated in the legal documents.
Ms. Judith Maranes, the Indigenous Peoples Sectoral Representative of NAPC, stated that valuation may not be applicable to ancestral domains since these areas may not be sold or bought. Other problems foreseen in the PVS include mis-declared properties of land, ocean-grabbers, and fake titles.
Karl Villegas, representative of FAO, emphasized that the policies and programs in valuation ought to contribute to non-market values and should not be over-saturated with being market-driven.
Concerning the LSDF, Ka Uper emphasized the need to include municipal waters in land use planning, as these waters are part of the public domain.
Mr. Geralden Purog of BLGF, shared his thoughts on the implications of the passage of NLUA. He stated that through NLUA, topography would be considered in valuation and its passage may be instrumental in pursuing more accurate, effective and less market-driven valuation. Coastal valuation would become more efficient and the discrepancies on the bestowed tax on land based on actual use, may also be cleared. However, he mentioned that the mechanisms and implications of reverting lands of other uses back to forest lands are unclear, and the regulations on mining are still lacking.
Karl Villegas raised that the climate change and disaster management provisions need to be emphasized and strengthened in the NLUA.
Given the discussions, the participants proceeded to tackle the next steps that they may jointly undertake.
It was raised that a meeting with CLUP Now! and LMB will be held, to discuss how the provisions of the NLUA may be incorporated into the LSDF.
CLUP Now! will also be in contact with BLGF to further study the implications of the NLUA on valuation.
BY: BIANCA RAGAS
