Constructing on timberland or DENR (Department of Environment and natural resources) protected areas require special permit(s) and for timberland or forest land areas it is the “Special Land Use Permit” (SLUP) if the area you’re trying to use or develop is below 1,000 square meters. This is not easy to get. Though the checklist of requirements they provide look like a simple bullet collection of documents and endorsements from various other government agencies, we all know it’s NOT EASY dealing with any Philippine government agency – as they are most grossly inadequate in personnel and / or equipment.
The first set of requirements you need to secure are the personal documents of the project owner – Birth certificate, ID’s, income tax return, and bank statement showing capacity to finance the project or enterprise – the applicant must be able to show at least a secured minimum of 2 million pesos.
Once you have the personal documents of the applicant – then you need to go to the nearest DENR or CENRO (Community Environment and Natural Resources) office who owns the jurisdiction of your area – in our case, Oslob, then we go to CENRO Argao to request for the project map of the site and to secure the SLUP application form so you can later submit it together with the rest of the needed documents. DENR-CENRO will need to conduct a site visit on your area to create this special map just for your project showing it at the center. The map is need to establish DENR’s legal jurisdiction of your site. Since timberland or forest land projects are in remote mountainous areas then you will need to accompany the CENRO personnel for this mapping activity so they can easily locate your site, and of course when dealing with the government, you will have to provide them with a good reason to prioritize your project by providing them good transport as they only have motorcycles for site visits and of course a good lunch, and thank you tokens to make them remember you in the future when you need their help again. In our case, a total of three mapping trips were done since the first two mapping trips were found out to be erroneous as they we’re only using their cell phone as GPS. The final mapping team had to bring a real hand help GPS device.
While waiting for your map to finish, as in our case – it took them a total of 4 months to come up with the final one, (not surprising when dealing with government people), you can start working on your INDICATIVE MANAGEMENT PLAN (IMP) which is like a feasibility study of your project. DENR Needs this study so they can decide to approve or deny your permit application. We highly recommend you hire someone with considerable experience in writing this IMP. In our case, the CENRO office have their own recommendation – one of their retired DENR officers is now working as full time consultant writing IMPs, ECCs, and other various DENR documentations. The IMP will cost p80k to write and it took the consultant 2 months to finish the study.
While waiting for your IMP or SITE MAP, if not yet done, you can start processing the needed MUNICIPAL ENDORSEMENT. The municipal endorsement will start with the public hearing on the baranggay level. You will need to secure a good number of baranggay attendees of at least twenty people saying yes to your project. The best way to do this is to let the people know ahead that you will be serving them food during this hearing. The food is not a bribe but it will help them to have a clear decision on your project. The baranggay council will convene to discuss the outcome of the public hearing and and will draft a baranggay resolution approving or disapproving your project. This baranggay resolution that they produce will be submitted to the town mayor who will also convene with the town council to approve or disapprove your project. This document which approves your project is the PUBLIC ENDORSEMENT needed by DENR.
Once you have all the listed needed documents for private applicants, you can submit it to the DENR or CENRO office where your project belongs. Once they receive your requirements, they will issue an endorsement for you to seek another clearance from the NCIP (National Commission on Indigenous Peoples) located at Osmena building in Colon Street beside the old VISION theatre – real Cebuanos know this place. The NCIP will conduct a survey on your project area to check if there are no overlapping claims from indigenous groups.
If you need help with SLUP, or if you want to add some info, please comment below…
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Meron pong nagtry magbakod sa bandang taas ng lupa nmin na Titled na (Nagoverlap). Yoong nagbabakod po, ay hindi succesful, may Tech Description ng Timberland na nabili daw nila ( which you cannot buy /sell/transfer ). They are not showing any DENR Special Land Use for Timberland/Forestland. May Sureveyed Tech Desc kami at sila may Tech Desc din at may overlapping nga po kung ikumpara ang both documents. Ano po pwede namin gawin.
Author
You need to have the overlapping corrected by DENR of the bureau of lands. They have high tech equipment which they only use in cases of overlapping issues. May take awhile for them to schedule a corrective mapping survey as their high tech equipment may come from another office. If not satisfied by their results, you may refer to one of the DENR accredited private surveyors.
Admin
Yong lupa po namin ay TCT na… at hindi Timberland… yong nagoverlap po sa amin ay Timberland… na nabili daw nila.
Author
You have more legal grounding than timberland since you are already TCT.
Admin
Good afternoon, Atty! I would like to ask lang po kung ano gagawin kapag ’yung lupa na pinamana sa mga kapatid ni Mama at sa kanya ay walang titulo kasi po ‘yong lupa na ’to ay timberland po at ang meron lang po ay tax declaration. Tapos naisipan po nila Mama at kapatid n’ya na hatiin ’yung lupa kaya kumuha po sila ng Geodetic Engr. at meron na po silang sketch plan kaso ’yung sketch plan na ibinigay po ay copy lamang na nasa bondpaper hindi ‘yung sa vellum paper po. Ano po gagawin? Thank you!
Author
Hi there,
You can have that plan printed on vellum paper but only as a future reference for your plan to subdivide it, as you cannot title a timberland or have separate titles for a subdivided plan.
A timberland cannot be processed for titling.
You may approach an attorney to have an agreement between heirs to share this land or have a plan plotted by an geodetic engineer, but you cannot title the subdivisions yet until the timberland is converted to regular land.
The subdivisions will be like a subdivisions to the stewardship of the timberland.
The annual taxes to timberland will still have to be paid in your municipality as one plot under the same name in your tax declaration, as no changes can be made to the tax declaration of a timberland.
Admin
Hi po!
my brother is living in a timberland,
Yung lupa is mayroon pong namamahala.may karapatan ba Ang mga taong ito paalisin Ang brother ko?
Author
Hi Lotlot,
If they are the duly designated stewards of the timberland, yes they have the rights to the land.
Admin
Good afternoon, admin! I would like to ask lang po kung anong gagawin sa lupa ng Mama at mga kapatid n’ya na pinamana sa kanila ng magulang nila na matagal ng patay at ang meron lang po sila ay tax declaration dahil ang lupa ay isang timberland. But, they like to subdivide it po kaya kumuha sila ng Geodetic engineer and nahati na po nila kaso ’yung sketch plan na binigay po sa kanila ay copy lang po sa bondpaper hindi po ’yung sa vellum paper. Ano po gagawin?
Author
Hi there,
You cannot fully subdivide a timberland.
A geodetic engineer can plot for a plan to subdivide the lot but then you cannot title them separately as a timberland cannot be titled.
But you can approach an attorney and have a memorandum of agreement among heirs to this land to subdivide this lot and then have this geodetic plan as your future reference plan to separately title the subdivisions to have them titled when the timberland is converted to regular land.
Admin
Hello Sir, my wife and I (fil/am couple from Colorado) are wanting to purchase a 2000 sqm beach lot in Port Barton Palawan. As it stands now the owners are heirs of a 7 hectare land size that is designated timberland. Some of the siblings are wanting to sell the rights to 3 separate lots of 2000 sqm each, this land or lots have not been surveyed yet so do not yet have their own dedicated tax declaration yet.
I am wanting to know if it is allowed for them to subdivide this land with only tax dec or does the land need to be titled first before being divided? Also, if it is allowed, the sellers want us as buyers to pay for the survey because they have no funds to do so.
The lawyer who wrote the contract is asking for 10% down payment to cover costs for this and other fees that will be incurred such as SLUP since we are wanting to build a 100 sqm concrete home on this lot.
Any advice you could give would be greatly appreciated
Below is the contract written by lawyer
Republic of the Philippines
City of Puerto Princesa ) S.S
x—————————————x
CONTRACT TO SELL
KNOW ALL MEN BY THESE PRESENTS
This Contract to Sell is made and entered into by and between:
HEIRS OF GENEROSO MANGGAO, MANUEL CULABAN, AND JULIA MARISCAL MANGGAO, namely: ROLANDO MANGGAO, ANTONIO MANGGAO, ROSALINDA MANGGAO, RODRIGO MANGGAO, LUCITA MANGGAO MENDOZA, LETICIA MANGGAO CARDEJON, NIDA MANGGAO RAMOS, AND NENITA MANGGAO GARCIA, all of legal age, Filipinos, all married, and residents of Nao-Nao, Barangay Port Barton, San Vicente, Palawan, herein represented by their Attoryney-in-Fact, ____________________ herein after referred to as the VENDOR;
-and-
MAYA PFIZENMAIER, of legal age, Filipino, married to Ronald L. Pfizenmaier, and a resident of _______________, herein referred to as the VENDEE
WITNESSETH:
WHEREAS, the VENDORS are the lawful claimant and actual possessor of a parcel of land covered by Tax Declaration No. 21-008-1911 with an area of SEVENTY THREE THOUSAND FOUR HUNDRED SIXTY ONE (73,461) SQUARE METERS situated in Nao-Nao, Barangay Port Barton, San Vicente, Palawan.
WHEREAS, the VENDORS desire to sell the TWO THOUSAND AND THIRTY THREE (2,033) SQUARE METER PORTION of the aforementioned parcel of land and the VENDEE is able and willing to buy the same.
NOW, THEREFORE, the VENDORS hereby SELL, TRANSFER, and CONVEY their interest over the TWO THOUSAND AND THIRTY THREE (2,033) SQUARE METER PORTION of the parcel of land situated in Nao-Nao, Barangay Port Barton, San Vicente, Palawan in favor of the VENDEE, free from all liens and encumbrances, under the following terms and conditions, to wit:
1. PAYMENT. The total purchase price is FIVE MILLION PESOS (PHP 5,000,000.00) PHILIPPINE CURRENCY, which shall be paid in the following manner:
a. The VENDEE shall pay an amount of Five Hundred Thousand Pesos (P500,000.00) or an equivalent of 10% of the agreed purchased price upon signing of this Contract to Sell and execution of Waiver of Rights;
b. The remaining balance of Four Million and Five Hundred Thousand Pesos (P4,500,000.00) shall be paid by the VENDEE in favor of the VENDORS in the following:
b.1 Upon issuance of Barangay Certification under the name of the VENDEE and submission of Letter of Intent as well as the application for Special Land Use Permit (SLUP) in CENRO/PENRO/DENR, the VENDEE shall pay Five Hundred Thousand Pesos (P500,000.00);
b.2 Upon completion of the survey from CENRO and a confirmation that the area is possible for application for SLUP, the VENDEE shall pay an amount of Five Hundred Thousand Pesos (P500,000.00);
b.3 Upon endorsement of the said SLUP application from CENRO to PENRO, the VENDEE shall pay an amount of Five Hundred Thousand Pesos (P500,000.00);
b.4 Upon endorsement of the SLUP application from PENRO to the Region Office for final approval, the VENDEE shall pay an amount of Five Hundred Thousand Pesos (P500,000.00); and
b.5 Upon approval and release of the SLUP in favor of the VENDEE, all remaining balance shall be paid in favor of the VENDORS
2. EXECUTION OF WAIVER OF RIGHTS. Upon the signing of this Contract to Sell, the VENDORS shall execute a Waiver of Rights in favor of the VENDEE.
3. OBLIGATIONS OF THE VENDORS. Upon execution of this contract, the VENDORS shall comply with the following:
a. As stated above, the VENDORS shall reserve the exclusive interest and occupation of the 2,033 square meter portion of the abovementioned parcel of land in favor of the VENDEE;
b. The VENDORS shall execute a Waiver of Rights in favor of the VENDEE only or her assigned person and shall not in any way offer, negotiate or dispose the subject property to any other person or corporation;
c. The VENDORS shall cooperate, sign, and execute necessary documents in favor of the VENDEE for purposes of applying for SLUP; and
d. The VENDORS hereby agree that the VENDEE is allowed to apply for necessary permits such as but not limited to Barangay Certification, Clearances, SLUP, and other documents needed.
4. OBLIGATIONS OF THE VENDEE. The VENDEE undertakes to comply with the following:
a. To process and apply for SLUP or other necessary permits for the subject property;
b. To pay for all the expenses in relation to the application for SLUP and expenses for other necessary permits; and
c. To pay the VENDORS the total purchase price in accordance to Item No. 1 of this Contract to Sell.
5. FAILURE OF THE PARTIES. Failure of the VENDORS to comply with their obligations stated herein shall held them liable for damages and other cases under Philippine laws. The VENDEE shall have the right to hold in possession the property and claim whatever damages she may have incurred herein.
Failure of the VENDEE to comply with her obligations under this Contract to Sell shall forfeit any payments made in favor to the VENDORS and shall vacate and remove any improvements constructed therein, if applicable, without any costs to the VENDORS.
If the failure of either party was not due to their own fault or beyond their control, the parties shall enter into a compromise agreement and mutually agree on the terms and conditions of their agreement.
6. NON-ISSUANCE OF SPECIAL LAND USE PERMIT. If there has been a confirmation after the execution of this Contract to Sell that the subject property is not possible for SLUP, this Contract to Sell shall be automatically rescinded and the VENDEE shall be entitled to a REFUND amounting to SEVENTY-FIVE PERCENT (75%) of the total amount paid in favor of the VENDORS.
In case of non-issuance or non-approval of the Special Land Use Permit by the DENR, this Contract to Sell shall also be automatically rescinded and the VENDEE shall be entitled to a refund amounting to EIGHTY PERCENT (80%) of the total amount paid in favor of the VENDORS.
7. TAXES AND FEES. Notarial fees for the execution of this Contract, Waiver of Rights, Capital Gains Tax, Documentary Stamp Tax and other fees and charges shall be for the account of the VENDEE.
8. MISCELLANEOUS PROVISIONS. It is understood that the termination/cancellation/rescission of this Contract based on the violation of any of its provision shall be without any need for judicial intervention. In the event of court case arising from the provisions of this contract, the exclusive venue shall be the appropriate court in the Province of Palawan.
This agreement shall be binding not only to the parties herein but also to their heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands this __________________________ in the City of Puerto Princesa, Palawan.
HEIRS OF GENEROSO MANGGAO, MANUEL CULABAN, AND JULIA MARISCAL MANGGAO, herein represented by their Attorney-in-Fact:
__________________
Attorney-in-Fact
MAYA PFIZENMAIER
Vendee
With Marital Consent:
Ronald L. Pfizenmaier
SIGNED IN THE PRESENCE OF:
__________________________ __________________________
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF PALAWAN) SS.
CITY OF PUERTO PRINCESA)
x—————————————–x
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Puerto Princesa and Province of Palawan, personally appeared the abovementioned parties whom I have identified through the competent evidences of identity indicated under their names, and who all represented to me that their respective signatures on the foregoing instrument were voluntarily affixed by them for the purposes stated in the instrument
and who declared that they have executed the foregoing instrument as their free and voluntary act and deed.
This Instrument consists of only FIVE (5) pages, including this page in which this acknowledgment is written, duly signed by the parties and their instrumental witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL this ___________________________ in Puerto Princesa City.
NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 2024.
Author
Hi Ron and Maya,
Please note no changes can be made to the current document(s) of a timberland. You cannot transfer it thus you cannot subdivide it.
You can hire a private surveyor and he can make subdivision to that survey but it will not be recognized by DENR and the subdivisions cannot be transferred to new owner(s).
Timberland is currently owned by the government – even the tax declaration will not be honored by DENR, but the municipal assessor honors it and allows you to pay annual taxes.
You also cannot build any concrete (permanent) structures to a timberland.
This section of this website this one that you are reading now is written to let people know of the headaches of buying a timberland.
Too many people already have problems with timberlands.
But if you do really like the property, just note that it could be titled or transferred to your name – you can only buy the rights and the problems that come with a timberland. Once you purchase timberland – you will be required to pay annual rent to the government.
Admin
Thank you very much for the reply, one thing that I am still confused over is the SLUP
If the lot area is more than 1000sqm and we only want to build a wood / light materials structure (no concrete) do we still need to apply for SLUP? or only need apply if we want to build concrete structure?
Also when is the ECC needed or required? Do we also need this to build a light materials home on 2000 sqm?
I’ve read that you can help with SLUP application, do you know the average timeline and cost to complete this?
Thanks again
Author
Hi Ron and Maya,
The DENR forest rangers usually don’t complain if you only build wooden or cottage like structure. They only complain and require you to get SLUP (Special Land Use Permit) or ECC if you plan to build permanent structure(s) such as concrete.
If you only intend to use 900sqm, they will not require you to get ECC (Environmental Compliance Certificate).
Average timeline of the SLUP that we’ve experienced if it is for first time can go within 5-8 months. The renewal process will be faster.
Admin
topcebucontractors1@gmail.com
Hi, can a city government make revenues from Timberland properties?
Author
Hi Roxanne,
Yes a city government can make revenue from timberland as long it gets the necessary permits from DENR.
Admin
Good day po … I am connected to Institution and we are planning to request for proclamation of government property to be used dahil ang school po pala ay nakatayo sa timber land na pagaari ng government ..at pag nagrant po ay … later to apply for special patent ….. ngunit sa amin pong pag hahanap ng mailalagay sa narrative… nakita po namin na may school charter po pla kami at na grant po yung charter at na approved ay noong 2019 pa…. nakasaad po sa charter na lhat ng lupang kinatititrikan ng aming school ay pagaari ng school…. ang tanong ko po ay …. ito po bang charter na ito na aming nakita ay pwede ng maging basehan para makapag apply n po kami agad ng special patent?
Author
Hi Khristine,
Yes that is more than enough to get started on your special patent.
Since the school is also a government entity – you should have no problems with it.
ADmin
Thank you po admin. for the urgent reply… God Bless po
Hi, is it possible that a land with title and was issued wayback 2005 be categorized as timberland per DENR agent?
Author
Hi Em,
Yes That has happened before and you can always petition their mapping for review thru the registry of deeds and even thru higher DENR, using the documents you have for your land.
I also strongly suggest to consult a lawyer with experience on lands handled by DENR.
Admin
Hi, is it possible that a land with title and was issued wayback 2005 be categorized as timberland per DENR agent?
Author
Hi Emmanuel,
Yes that has happened numerous times before, but you can always lodge a petition complaint against their rulings and mappings using all available documents you have on your land.
Admin
Hi asking for advice regarding on this situation.
May falls sa taas nung titled property, then nagestablished ng resorrt sa baba nung falls whcih is nasa loob ng titled proerty, nagagamit yung water ng falls for tourism purposes. Ngayon, may need bang applayan na tenurial instrument or any agreement between government and the owner of private property?
Hi asking for advice regarding on this situation.
May falls sa taas nung titled property, then nagestablished ng resorrt sa baba nung falls whcih is nasa loob ng titled proerty, nagagamit yung water ng falls for tourism purposes. Ngayon, may need bang applayan na tenurial instrument or any agreement between government and the owner of private property?
Hi, is it possible that land with title since 2005 can be categorized as timberland?
Author
Hi Em,
They usually make updates on their maps every now and then – tagging new areas as timberland – as per available forest protection laws.
But of course you can always raise a petition complaint against their mapping using the title and other docs you have.
Admin
Hello, po.
My family constructed a single storey farmhouse in Sudlon. We asked permission from the barangay before we started the project and got approval. A month in a DENR employee encouraged us to apply for a SAPA and declare the property as an ecotourism site despite our intention to keep it as a farm. We considered this at first but were later told by the neighbors that they do not have SAPA and their concrete structures have been around for decades. So we decided against it and continued with the project. Now DENR is telling us that we cannot use our structure because we do not have permits. Can you please advise us on the best course of action? The neighbors are telling us that we are being pressured to pay bribes.
Author
Hi Ivy,
This is a very sad reality in our country – DENR will only pressure new structures to comply with the laws, but they will not pressure those who have been there for decades – your neighbors – because that is too much work for them, and unfortunately also they do have the power to force you to comply, and the DENR is above the baranggay. Even the mayors will sometimes get violation citations from DENR.
I suggest you comply with DENR since that has always been their attitude, and your neighbors might be right – maybe a little friendly discussion with the DENR personnel can help…
Admin
Thank you for your prompt response.
Thank you for the prompt response.
Do you have any experience with applying for a Special Use Agreement in Protected Areas (SAPA)? Can you refer anyone who can help us with the process? What’s the acceptance rate?
Author
Yes we also have experience with SAPA.
How big is the lot and where is it located?
Admin
topcebucontractors1@gmail.com
Good morning,tanong ko lang po.kc ung tatay ko 30 years na xang naninirahan ta tagapangalaga ng isang timberland,halos lahat ng tanim na niyog ay sa kanya,meron din mga nangungupahan sa lupa na mga mag tatanim,may survey plan na po kami,certification from DENR at PENRO na nagpapatunay na c tatay ang may rigths sa lupa,na stoke tatay q at gusto na din namin ibenta ung lupa para ndi na mapagod c tatay kakablik balik sa lupa,nasakay papo kc ng bangka papunta doon sa lupa at halos 15 minutes byahe. Ngaun naghahabol ang mga tiyahin ni tatay kc tatay daw nila may ari ng lupa,knowing na timberland ung lupa.Wala naman cla maipakita na kahit na anong papel na mag papatunay na sa magulang nila ung lupa,ano po ba pwede gawin? pwede po ba namin ibenta sa iba ung rigths ni tatay.salamat po.
Author
Hi Rachele,
You can only sell the rights if you have an affidavit that shows your father is the legal heir of such land. Your father should be established in the affidavit that he is the legal heir of such land from the name that shows on the tax declaration.
Simply assistance from a lawyer and bring the documents you have.
Admin
Please Help. This Year Me and My Wife was Tricked and Scammed into Buying Timberland By a fake unlicensed land agent
The fake Realistate Man Used the help of another Corrupted DENR Agents to Make the False claim that the land can be tilted and that the land is not Timberland.. We already built a house and now we are stuck with this problem.. We are remaining Positive and willing to do what every it takes to have the land re classified to Alien and Disposable. The other honest DENR officer told us that we need to plant perminate Tree crops such and durian for example ? .What actions can we take and where can we get legal help
Author
Hi John,
The unlicensed agent and his DENR associate can be cited in a lawsuit for selling timberland – since it is illegal to sell timberland.
Now since you are already there, perhaps you can follow the advise of the honest DENR person who advised you to plant durian as a way to reclassify your land to agricultural.
Another way is by lobbying thru the help of your congressman – if your land is near residential area and if it is already in the district masterplan for social development – those are good grounds to have your land re classified – especially if the DENR was not able to implement reforestation programs in that area – there is no point to continue to classify that land as timberland if the DENR is not doing anything on that land as far as reforestation or other programs required for the care of a timberland.
Admin
How to cancelation of claim of parcel land
Author
What kind of claim is that?
Good day.
Does that article 476 below can be used for a Timberland? I am asking because in fact there is no title with Timberland Protected area, but I as the Plaintiff can prove an “interest” in that land.
ART. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title.
Thank you very much for all your help!
I am wishing you all a Merry Christmas and a Happy New Year !
Author
A timberland once declared as timberland will render the title as revoked as per DENR personnel we talked to, but of course another lawyer might be able to disagree and prove otherwise…
Admin
dear admin
Can an LGU construct an structure for tourism purposes in a timberland. what happens if the project has been constructed?
Author
There are some Mayors around the Philippines who have outstanding DENR violation citations due to structures they approved and built in timberland areas.
The DENR can file a demolition request for those structures – yes really sad.
Admin
Good day
I recently bought a land in Gingoog City,Misamis Oriental.I had it checked by personnel from DENR utilizing their GPS and they said that it falls in A and D area as per record.However,approved survey document indicated that it is timberland.How can we reconcile this?is it possible that it has been reclassified to A and D and the survey plan document was not updated?thanks so much
Author
Hi Beverly,
The DENR GPS if it is the handheld type has a wide margin of error.
Best way to check it is to actually see the official maps in the DENR office.
You can also have it double checked at the bureau of lands.
Admin
Good morning po Attorney, May tanong lang po sa isang lupa na walang titulo at nasa tax declaration isang timberland lamang. Yong mga anak na hawak sa tax dec ay Hindi nka pangalan sa kanilang Ina , Hindi pa na transfer hanggang ngayon at balak ng mga anak na ibenta nila ng 4 million(3 hectares). So , sabi nila nag bayad sila ng tax pero sa tax receipt magkaiba ang pngalan sa tax declaration form na lumang luma na. At madali lang ba Ma ilipat from timberland to land title ? Salamat po at sâna bigyan mo po pansin ang problema ko . God bless po sa inyo.
Author
Hi Nancy,
Its not possible to transfer or title a timberland. The government will not process it.
But you can transfer the rights, and some even sell the rights, but no changes can be made on a tax declaration of timberland.
Before you can transfer or title a timberland, you will first need to have it converted to regular land thru congress thru lobbying – it is a long process.
Admin
We`are`families`of`indigenous`who`lives`in`Timberland`of`DelCarmen`Surigao`Del`Norte`for`almost`30`years`.We`were`now`150`families`and`are`still`gowing`.`Since`it`was`timberland`we`build`a`shelter.`About`1`month`ago`a`certain`cariaga`family`treaten`us`to`leave`our`shelter`showing`a`Tax`Declaration`for`the`whole`timberland
by`the`name`of`Marcos`Asilo`who`were`now`deceased.`Do`they`have`the`right`to`eject`us`by`saying`we`are`u=only`up`to`December`2023.
Author
Hi Jerry,
I strongly suggest you seek legal protection and assistance thru the nearest Commission on Indigenous Peoples in your area, or you can also visit your nearest DENR to seek assistance.
Admin
Hi admin,,, We have a timberland with tax declaration… But we cant own it because its a part of the goverment… But when we conduct a survey for checking the size area only,,, may nagsabi po sa amin na meron na po ngprocess ng land for na dati namin na tenant,,, with out our notice… Pwede ba yon
Hello, po.
My family constructed a single storey farmhouse in Sudlon. We asked permission from the barangay before we started the project and got approval. A month in a DENR employee encouraged us to apply for a SAPA and declare the property as an ecotourism site despite our intention to keep it as a farm. We considered this at first but were later told by the neighbors that they do not have SAPA and their concrete structures have been around for decades. So we decided against it and continued with the project. Now DENR is telling us that we cannot use our structure because we do not have permits. Can you please advise us on the best course of action? The neighbors are telling us that we are being pressured to pay bribes.
Hi admin. My Greatgrandparents land used to be agricultural after they expired wala na nagmanage tinubuan na ng shrubs no trees of any sorts at naclassify as timberland upon reassessment last 2007 can it still be reclassified as agricultural land?
Note: Land is not titled only with tax declaration. Balak kasi ng Family to apply for title then develop the land for commercial use.
Thank you
Author
When it is classified as timberland by DENR, the best you can do is process the Special Land Use Permit thru DENR.
Let us know if you need help in processing SLUP.
Admin
Dear Admin
I heard that if someone wants to file for SAPA in a Timberland Protected area one of the requirements is that this person has to occupy that area for a minimum of 5 years before he can apply SAPA. Is that true ? If this is true what if that area was only occupied by a caretaker and not the claimant himself?
Thank you.
Author
Hi Ann,
Practically It is the dwelling that should be there more than 5 years.
As long as you go there every now and then. The caretaker represents you, and you own the dwelling.
Note how the politicians are able to run for candidacy in a certain area. They just establish the dwelling.
Admin
Good day. We occupy a property which is Timberland Protected Area. We bought the rights 30 years ago and our Notary did it with a “Deed of absolute Sale” which at that time was how they used to transfer the rights to another person in our area. Now somebody else is claiming our property, pretending that our acquisition of that land is null and void, because nobody can sell a Timberland (government land) . That person said that the sale should have been done with a WAIVER only. Can we still win in court although we have only a “Deed of abolute sale” instead of a waiver? We have all the tax declarations and we are paying Taxes for 30 years since we bought the rights.
Thank you.
Ann
Author
Hi Ann,
Your deed of absolute sales should still carry some weight, and your receipts of tax payments will definitely help you in case they make a claim through legal means.
Now the dilemma here is that even that new claimant cannot legally lay claim on that land since timberland is technically owned by the government thru DENR, until the classification of that area is changed.
That new claimant will also need to show proof of tenure (stewardship) on that land.
Admin
Good morning Admin,
Question po.
If the land is considered as timberland and the current occupant is claiming that he has the right on that timberland, is the DENR providing a documents given to individual or entity to temporary use and ocuppy the timberland as a proof that the current occupant is given a temporary permission by the DENR, If YES what is that document.
In case that the original awardee to occupy the timberland like for example Mr A intends to sell his rights to Mr B through the execution of the tranfer of righs. What are the needed documents for Mr B to inform the DENR that he is now the current occupant. Do you think that the DENR will provide a certification if any to Mr B for his continous use.
Thanks po
Author
Hi Tommy,
The document from DENR can be a stewardship certificate stating the name of the steward or a granted Special Land Use Permit specifying term of tenure and other conditions.
Since stewardship or tenure has limited term and for a specific person or entity only, you cannot sell it or buy it.
It is the tax declaration that timberland occupants usually supply as proof of stewardship and when a sale is agreed it is that same tax declaration that is supplied to support a claim of sale of the rights to that timberland. Even if DENR do not recognize tax declaration as proof of rights, lawyers who know about lands still advise that whatever happens to that land, your tax declaration is one very solid proof that you have rights on that land…
Unfortunately, DENR will not recognize such sale of rights using the tax declaration, but your municipal or city assessor does recognize it…
Admin
I need your help po securing this SLUP po in Tuburan area, for an application for a mining permit po sana. Saan po una lalapit?
Author
Hi Niel,
First you need to get the special land use permit application form from DENR.
It’s a long process.
If you need help, you can email us at finefinishcebu@gmail.com or text 09214275469
Admin
Hi Admin, Question Po Sino po ba ang nag Aassess,Re-asses, classify or re-classify ng Timberland into A&D? I understand this needs PD or Presidential Degree pero sino or kailangan ba ito e petition? like in Surigao City most or the area in the City are still classified as Timberland since 1920′ but if you come to see the actual area it is mostly urbanized already? Also bakit yung mas malayong property like 2-3 hours na lakaran sa Bundok as in Forest na talaga was Titled instead kumbaga yung totoong Gubat naaplayan at nakuhanan ng malinis na Titolo samantalang yung concreto na at progressive land na e ang status ay Timberland padin? Salamat Po sa sagot
Author
Hi DJ,
That place is a perfect example of the inconsistencies caused by too much bureaucracy in our government.
We are all called to help and inspire our government.
The re classification will start from the congressman thru consultations and lobbying by the people. The congressman will submit it to congress as a bill.
The primary resource agency involved timberland re class is the DENR.
Admin
Hello po gud eve may tanOng lang po akO sana po masagOt ako naka tira mO kami sa temberland po since 10 years + napo ang may hawak po ng stewardship nitO lola ng asawa ko perO ngayOn expired napo siya hindi napo na renew ngayOn po may nag claims po na isang apO po na kunin yong bakuran namin at patayoan ng bahay nya may karapatan po ba kaming hindi pumayag
Author
Hi,
Since you were unable to renew the stewardship, you need to apply for the special permit so you can have tenure on that timberland – if you’re still paying the taxes.
Admin
Hi i need your help,
Paano po if ung tinitirhan namin nagbabayad po kame ng tax yearly .pero ung kalahati po ng tinitirhan namin na bahay ay naisama sa boundery ng timberland ,pwede po ba namin maipatitiled us our owned po ung lupa it is just 100sqm ung occupied ng timberland ,anu po dapat gawin ….salamat po!
Author
Hi Jhonalyn,
I suggest you hire a private surveyor to survey your land then request DENR to map your land also, then compare both surveys.
More often the DENR map is incorrect because they don’t have good equipment like the private surveyors.
If the DENR map is correct, then you cannot title it. The titling process will pass thru DENR.
If you need help with affordable surveying service, email me at finefinishcebu@gmail.com
Val
Admin
Good day admin just asking lng kasi ang father ko may position na Timberland almost 10 hectares half is bakhawan at half is natural tree like Putat etc, then, that land is almost full of nepa hat planted by my father, then about the documents he have like Permit , this is my Question pwede po ba ung almost half na wala naamng bakhawaan ay magkaroon ng Title???ty sa sagot
Author
Hi Aaron,
If you can get a copy of that title, you can have it checked by your municipal/city assessor and provincial registry of deeds office for authenticity.
If it is authentic but you think it might have been processed or obtained thru illegal means, then you can submit a counter claim petition in the registry of deeds.
Admin
Pwede po bang magtayo ng simbahan sa loob po ng timberland particularly within a CSC area?.ano po ang mga guidelines or policies tungkol dito?thank you
Author
Hi Leonida,
When it comes to timberland / protected land enforcement, only the law is above DENR.
Everyone must adhere to DENR ruling including the church, but here in our country being a God-fearing country – even the government will have difficulty demolishing or removing a church from protected land since most of its employees are probably also God-fearing…
Admin
Hello po. Bakit po meron mga nagibenta ng lot na ang status ay TIMBERLAND? At ang pinapakita nila ay tax dec lang at sila mismo ang nagpa process ng transfer. Is this allowed by CENRO or DENR?
Paano sila ireport?
Author
They either mostly don’t know that it is illegal to sell timberland, or they are connected with some unscrupulous DENR or government agency doing sideline income on timberland sales – since it is them who know which lands are timberlands. Protected lands can be easy to sell because of its low price.
The type of sale they do with timberlands is only a transfer of rights (sale of rights) – since nothing can be changed on the documentation of timberlands.
You can report it to DENR since timberlands are under their care…
Admin
tanong lng po sana if yun title na binigay ni xpresident arroyo yun cloa yata .. timberland ang kalahati tapos ang kalahati A&d na..pde ba namin ma pa A&D lahat?
Author
Hi Carlo,
Yes it can be done thru your Congressman in a process called lobbying.
You have to show good intent to use the land that can contribute to community development.
We can assist you on this long process.
Email us at finefinishcebu@gmail.com
Admin
Im resideng po in a timberlang area for almost 7 years na pa survey na ren namun atmay mga poste na (muhon) we already plabted lot of fruit tress, mango, coconut, guyabao,, avocado, cocao. How we can apply para pi maging permabebte kami sa lugar na tinataniman namun? Pag slup …mag kano po ang cost..mga 1 hectare po ang area at tabi lng ng cemented provencial road kztabi malalaking farm ng fighting coak at strawery farm please help some denr personel want us to remove in the area im a poor farmer and single dad leaving with two kids grqde 2 and 3 na ang tanging ikabubuhay lamang magtanim ng gulay at saging sa area. Please patulong..09198500859 natan
Author
Hi Jonathan,
We can assist you with your SLUP application free of charge if we can have a chance to build something for you in that land.
Simply email us at finefinishcebu-at-gmail-dot-com or at topcebucontractors1-at-gmail-dot-com
Admin
Hi po. Ano pong magandang gawin if titled yung timberland na nasali sa inaapplyang SLUP?
Author
If the land is titled, first thing to do is request DENR to do another mapping on that area. The previous map could be an error.
If you have a titled land, then you can fight DENR mapping.
Usually it could be an error in the DENR mapping, claiming a titled land to be timberland.
Admin
And situation po is nag aapply kami ng SLUP, tapos nasali yung timberland and titled sha. Ngayon, ayaw mag issue ng SLUP ang CENRO kasi kailangan daw munang ma acquire yung land kasi hindi daw pwede dalawang tenurial instrument, dapat ma cancel yung titulo bago ma applyan. Meron po bang other options aside sa pag cancel ng titulo ng owner? Anong pong mangyayari kapag na change into A and D yung land class niya?
Author
HI there,
Did you mean it is the same land that is timberland and is also titled?
If it is already titled then it is already A & D and, and I suggest you should not cancel it since the assessor will see it as titled and DENR has overlapping claim that is timberland which is probably due to error in their GPS mapping.
You should not cancel your title since it is a legal document that protects you from DENR errors like that.
If it is titled then you don’t even have to apply for SLUP and you can fight DENR for their timberland mapping.
Admin
Hi admin,,, We have a timberland with tax declaration… But we cant own it because its a part of the goverment… But when we conduct a survey for checking the size area only,,, may nagsabi po sa amin na meron na po ngprocess ng land for na dati namin na tenant,,, with out our notice… Pwede ba yon
Author
Hi Nino,
It is difficult to do it, but they can using fake documents and with some help with internal connections – this is common.
You can process a special land use permit so you can legally use a timberland.
Admin
Hi! Admin , we entered a timberland 2 years ago up to now with the help of congressman , our barangay captain and our mayor… Yet now , the DENR claiming that we are illegally enter to it , ano Po ba pwede naming Gawin to legalized it. Mga indigenous Po kami.
Author
Hi Marie,
You need an inside friend at DENR.
You cannot approach them as enemies, otherwise they will just become more tough on you and slap you with all the environmental laws they can find and will even cite for violations any politician or community leader who tries to help you.
You need to make DENR people your friends…
There is a way to do it.
If you need help, contact us at our contact page in this website.
Admin
Good day! Hello sir,
Ask lang po sana ako kung halimbawa po na may nagmimina sa lupa na timberland na kung saan naka pangalan ang tax declaration sa private person wala po bang karapatan ang private person na ipa stop ang operation ng minahan kasi daw ang government po daw ang nagbigay ng permit at for government use and income ng local government po daw yun?
Maraming salamat po.
God bless!
Author
The government can use any land at its disposal but will compensate the rightful owner except if the land is timberland or protected land.
If you want to stop the mining operation of the government, you need to cite environmental violations through DENR – submit those violations at your nearest DENR and if they think theres anything illegal in their operations then they will need to order it to be stopped. If you think DENR is compromised, then submit those violation thru a politician or a non governmental environmental organization.
Admin
Good evening po, ask ko lang po yung lupa na nacultivate ng lolo ko, sabi naiapply for title, then before mailabas ang title namatay na xa at ibinalik ang sulat galing sa DENR dahil walang nagkiclaim…that was 1985 onwards., then now 2023 naitanong namin sa denr if ano ang status ng lupa since ito daw ay iniapply for title, the denr said that its a timberland. The question is since 1985 di na po xa nabayaran ng tax, pwede pa po va namin bayaran un from 1985 up to present? Salamat po. Di rin po namin alam baka may ibang tao nang nagbabayad ng tax ng lupa. Salamat po
Author
Hi there,
If it was timberland before – then most probably the titling process did not move forward.
To check if you can still pay for the taxes, you need to bring your tax declaration and have it checked at your local city or municipal assessor office.
The assessor’s office will be able to check on the status of this lot and check if it is still under your grandfather’s.
Admin
Good day sir. We have 4 hectar lot considered as a timberland (by DENR), and we want to apply for title. Since, we only have a sketch plan signed by an engr who had conducted land survey and there is no lot number indicated in the sketch plan(the sketch plan was signed 42 years ago) . Do we need the SLUP requirements? What are the requirements?
Author
List of requirements is on top of this article that you commented in.
You cannot title timberland, but you can use it through the Special Land Use Permit – SLUP.
One of the requirements is a new survey.
Admin
Hi admin, good day po! Someone is selling his rights to a portion (1000sqm) of their land (which they claim to be timberland) to me. And I’m interested to buy the rights.
The area already has a couple of concrete structures and residences in the surrounding vicinity. It is close to the barangay hall and gym. I wonder why the rangers have not restricted these residents from building these. For context, these dwellers have been cultivating the land for decades and have lived here for a long time though.
My question is, is there still a chance that the government can reclaim the area even if there are multiple concrete structures already?
Author
Hi Mike,
Yes the government can exercise rights and request eviction or demolition of those structures.
Perhaps the forest ranger does not want to run into conflict with the residents or perhaps there’s some under the table agreement going on.
As we all now, the government is sometimes not very consistent in enforcing laws.
Admin
Ask ko lng po yung timberland ay May tax declaration na na issue noon pa around 1970s . At May ibang mga tao na pumasok mayroon daw silang slup mula denr pwede po ba yun? Bukidnon area po
Author
Hi Rodolfo,
You need to petition or block their SLUP (Special Land Use Permit) in DENR.
You need to show enough proof that you are the steward or heir of the steward.
Bring your tax payment receipts of that land.
Admin
My nephew has a nipa hut on a timberland in Tinambacan Samar adjacent to his mother in law. The neighbor also has a house on the timberland and so do others there. Hi neighbor wanted to have them remove claiming that it is theirs cause they have tax declaration and have been paying taxes on it and they said that they bought the property from their cousin long time ago and who is now dead. When they went to DENR Catbalogan, Samar, there was no record of anyone owening any of the timberland in the area. What should be the best action he can do so that he can have the ownership of the land where his nipa hut is build. Please advice me cause am the one helping him since he has no knowledge of using computer. Thank you so much.
Author
The first candidate to ownership of timberland when it is reclassified as alienable disposable is the person named on the tax declaration or his successors / heirs. As long as it is timberland / protected land – it is technically owned by the government but the steward (name on the tax declaration) should still continue to pay for the annual taxes so that he can still use it thru the special land use permit…
Admin
Hello admin tanong lang po timberland yong area namin nka hindi nka pangalan sa amin yong tax declare pero may deed of sale and transfer of rights kmi na galing sa kanila at binayaran namin yong tax. Ang tanung ko po may nag claim na native na tao na wla nman sapat na papel. Ma kukuha po ba nila ito lupa? Thank you sa sagot
Author
Hi Felip,
You need to visit the office of the commission on indigenous persons to see if that document or that native entity is registered or recognized as indigenous groups or persons.
There are unscrupulous entities out there who falsely represent themselves as indigenous.
Admin
MY PROPERTY IS TIMBERLAND AND MY NEIGHBOR IS TITLED AND WE ARE LOCATED AT THE BRGY..I AM PAYING THE TAX DECLARATION SINCE I BOUGHT THE PROEPRTY..PLS I NEED YOUR HELP THANK YOU….
Author
Hi Maria,
Don’t lose hope if your land is timberland – you can still use it through the Special Land Use Permit – though it is a long process and expensive, but you will be able to legally use it. IN the meantime, don’t build strong permanent concrete structures in it so you don’t catch the ire of the forest rangers – just build cottage like wooden structure(s).
Admin
Hi po admin
Pano po kaya pwede naming gawin dahil ung lupang sinasaka namin may mga tanim n niyog at prutas ay under timberland paano po kami maka apply ng titulo po???
Tnx
Author
It’s not possible to title timberland.
Admin
I have a question sir. How comes the land is classified as timberland where there is a barangay hall and a public school in the area? What is the basis of the DENR to classify a land from agricultural land to timberland.
Author
If the government sees it fit that an area needs to be protected, they can classify or declare it as timberland or protected land…
Their basis are the various protected land laws.
Admin
Good Day sir magtatanong lang po sana about sa lupa na tinitirhan namin almost 49 years na pong naninirahan ang papa ko dito at ito po ay timberland tapos po nakapangalan po ito sa lolo ng magpapaalis po sa amin , gusto na po nila kaming paalisin kasi po daw gagamitin na nila yung lupa tapos na transfer na po daw sa papa nila yung lupa peru po patay na po yung lolo nila nung na transfer yung lupa sa pangalan ng papa nila macoconsider po ba na sila na yung may ari at pwede po nila kaming paalisin?
Author
The name on the tax declaration and his heirs are considered as stewards of a timberland. A timberland / protected land is still technically owned by the government.
I suggest you visit your nearest DENR or CENRO and check what legal remedies you may have to prevent your removal from the land. IF possible consult a lawyer with experience on timberlands. Consulting a lawyer is not very expensive. I hope the annual taxes on this land is up to date.
Admin
Hi admin,
I have a stewardship certificate and was due for renewal 2 years ago. I applied for renewal a year before the expiration. I submitted the original.until now I’m still waiting because she couldn’t find my papers . Please give me advice what to do. Thank you.
Author
Having a stewardship certificate means you are one of the lucky few, but you do need to have it renewed…
I suggest you go up higher on that person who can’t find your papers, so that their department will have a system of organized record keeping so they can better service their constituents…
Admin
Good day sir,
My concern is how to apply for stewardship and where to start while we are residing in the Province of Biliran..pls I really need you help about this.. why gov’t is unfair that my property is supposed to be tile because my neighbor is titled and mine is not..
Waiting for your reply..thank you
Author
Hi Maria,
Stewardship was only offered once a couple of decades ago, now you will have to apply for special land use permit at DENR and you will be paying annual rent.
But since your neighbor is not timberland, why don’t you have your land checked by your nearest DENR branch and ask them to map your lot perhaps it is not timberland since your neighbor’s lot is not. DENR surveyors are known for errors in their mapping equipment. Who knows your lot might not be timberland.
Admin
Author
Hi Maria,
To start with your stewardship claim, go to the DENR office that has jurisdiction on your lot and apply for the special land use permit. Email us at finefinishcebu@gmail.com if you want us to help you with the processing. Perhaps your neighbors lot just happened to be outside the borders of the government’s timberland mapping.
Admin
finefinishcebu@gmail.com
639214275469
I have a titled 1,100 sqm lot which was converted from agriland to forest protected area last july 2023 can i donate or sell it? Thank you.
Author
hi Rizalia,
You can sell or donate the rights (stewardship) only.
Until it is re classified to alienable disposable (regular), its documentation will remain in its current named steward.
Admin
Hello po, how much is the total cost na nagastos nyo po for DENR?
Author
It depends on the size of your lot and your location.
if your lot exceeds 1000sqm, it could cost total p200k for the special permit and close to a million total all in all for the ECC (Environmental Clearance Certificate).
Admin
Hello po, pwede po ba ang Timberland e apply po namin na maging housing project ng cooperative for residential for the poor community?
Author
Hi Jon,
Please note the reason DENR places a land on protective mode is to preserve it from human encroachment.
So definitely your proposed project will require even more requirements from the DENR, not just the Special Land Use Permit requirements, but it will require more such as Environmental Compliance Certificate (which is more expensive than the SLUP), and other housing requirements…
Admin
Good day sir. We have 4 hectar lot considered as a timberland (by DENR), and we want to apply for title. Since, we only have a sketch plan signed by an engr who had conducted land survey and there is no lot number indicated in the sketch plan(the sketch plan was signed 42 years ago) . Do we need the SLUP requirements? What are the requirements?
My grandparents/parents (now deceased) had occupied a land in Tan-awan, Oslob, Cebu with FULLY PAID tax declarations since 1950s. When I went to pay taxes this month, I was informed by Assessor it is now classified as TIMBERLAND. In previous years, it was classified AGRICULTURAL. Does this mean our rights as HEIRS to the land ARE VIOLATED? We can not SECURE A TITLE since it is declared TIMBERLAND. What is our remedy or compensation, if any?
Thanks for reply.
Author
Hi Henny,
Your situation on that land is indeed a bit sad.
However, the government (DENR) does have the legal basis for declaring some lands as timberland – then your ownership is like being suspended, until they declare it back as regular land.
The best you can do, I suggest, is to use that land for small scale planting or as a rest house area. Don’t build permanent structures there, and don’t make big time agricultural activities – in other words try not to draw the attention of the DENR roving forest rangers – and you’ll be OK.
We are yet to see someone who was able to challenge DENR declarations and rulings in court, perhaps if you can find a very good lawyer that have proven success record in fighting DENR…
Admin
Dear Admin,
Thank you for your reply.
I have more questions as ff:
1) Was my right as heir violated when the govt just converted my inheritance land from AGRICULTURAL to TIMBERLAND without proper/documented meeting with me? We are living in a democratic society.
2) Am I not entitled to a JUST COMPENSATION from GOVT if they REDUCED MY RIGHTS TO THE LAND?
3) The land doesn’t have TIMBER but only COCONUTS and GRASSES, why the DENR classified it as TIMBERLAND?
4) I am paying taxes on time but DENR RESTRICTED my RIGHTS. Is it FAIR?
Thanks for your reply,
Author
Hi Henny,
1. It is sad, but the govt does have the legal backing to convert lands as protected under the applicable DENR laws without informing the owner, but Im certain that a good lawyer with good experience can find a law somewhere that can be used in your favor…
2. We have not yet seen a land owner being compensated for land converted to protected, but there might be a law out there that provides for this.
3. Timberland also means land should be timberland, thus the next process is for DENR to plant it with trees.
4. Yes it doesn’t seem very fair, but if you stop paying the annual taxes – all the more you will lose your rights to this land, especially when in the future this land is
converted to back to regular land.
Admin
Good day sir ang area is timberland din marami ng tanim prutas at niyog at kami ang actual occupant. Then may mag claim ng lupa na native.tanong is priority ba sila kasi sa kanila daw ang lupa? Yong christian ai hindi priority sabi nila. Anu po ma advice nyu po that land na hindi ma claim kasi ilan years n kmi sa lupa diyan n ako pinanganak.
Author
Have their documents checked by DENR and the commission on indigenous peoples if the documents they have are authentic.
Admin
Hi admin..
I have question about the land owned by may lolo in quezon province.. Around 20 hectares in mountain of mauban quezon..in short..my lolos pass away without any settlement for his land to apply in title..only have docs is the mother title wherein tourins title yet..and the records shows in assesors office that the said land is for him. Now, as an heirs of that land..may i ask that the land can apply for titling or even converted as agriculture land?
Another question is.. Why denr changed the category of the land from agriculture to timberland without consulting to our family members?
Is it possible to reapply for title eventhough the land now is categorically timberland?
Thank you admin for your quick response..higly appreciated.
Author
Hi Nestor,
If the land is already classified by DENR as timberland then it could no longer be titled as of yet.
You will need to make friends with your congressman and seek help from him/her to make a law to convert that area from timberland to regular land – alienable disposable (A&D) land.
Also, if you can find a good DENR experienced lawyer to find flaws in the process of how they converted your land to timberland that would be great. We do have a well-experienced lawyer but he’s here in Cebu.
Yes they usually don’t need to consult the land owners when they convert land to timberland.
Val
Admin
Hello Po, maari Po bang I claim Ng mga tawo Ang lupa under Timberland?
Author
protected land (timberland) is technically owned by the government – cannot be claimed or transferred…
Admin
Hi Po admin tanong ko lng po sana.may lupa kami nabili pero waiver of rights lng sa mga claimant Gina process pa nila to claim the area pero after 8years namin naninirahan dito my big company na pumasok my titulo daw sila sa lupa at pinapaalis na kami dito magself demolish na daw kami babayaran Yung Bahay para umalis kami Kasi Yung claimant din nagsurender na magpapademolish na lng daw kami..pero itong company nghouse to house ni walang papers mapakita kahit papers for demolish Wala silang mapakita through verbal lng na demolish na daw kami puro pananankot lng..may rights Po ba kami na manatili sa lupa at hndi umalis ?at Pano malalaman if dis area is timberland?Kasi Marami sila claimant na nagkiclaim dito.
Author
Hi Xhopie,
If that company have no title to show, it is possible that they are just renting the land from DENR as tenant through the Special Land Use Permit. If they have a title to show and the land was timberland, it is possible that company have used legal ninja moves with the help of some government agencies using the power of money.
Better if you can afford a lawyer to defend you by issuing a restraining order against that company. If you can’t afford a lawyer, you can just raise a complaint in your DENR or CENRO office where your location is under so they can summon that company. Or you can also summon that company through your baranggay captain.
Admin
Good day Sir !
I have a question about the timberland area, if the house was built in the timberland and there is no document, can it be demolished and does the owner have a violation
Author
Normally DENR forest rangers are kind people. As long as the house you built is made of wood and light materials, they would normally not give you trouble…
Admin
Good Day, I plan to cultivate the land I inherit from my uncle..Plant root crops and Agar wood. during our communication with my contact on that area. though, the land is classified as Agricultural as it used to be planted with corn grits and others. the said area might be now classified under timber land..Is it Possible? that per Tax Dec. It is agricultural land..If ever, I need to apply permit for this project..What Application form should i use..II See a lot of form..I am confused which application form should i use..Thank you..
Author
If it is timberland, you file the Special Land Use Permit for timberland, if you need to build a concrete permanent structure. But if it is just a shack or cottage type structure DENR usually will not be strict with it.
But practically since it is an agricultural land, I don’t think they will be strict if you go ahead plant on it and use it for agriculture.
Admin
Hi Palawan is a timberland or No?
Author
Not the entire Palawan island.
Some parts especially those beach areas and mountain areas….
Admin
Hi admin,
Tanung ko lang po ,may kakilala po ako, Yong CSC po nila ay nawaived po sa kanila, Yong person po na nawaive nila denevelope po c property nag tanim po ng mga puno , like mahogany ,gemilina ,etc then meron na din po mango farm for 23 years po may katiwala po clang pinapasweldo para magpanatili ng kalinisan at mag aalaga ng mga tanim nila sa Lugar na yon.ngayn po matatanda na po cla gusto na po nilang maharvest ang mga puno po nilang itinanim ,ang problema po ay hindi cla ang nakalagay sa CSC ,anu po amg pwede pong mangyari na ang hiling lang naman po nila ay mapakinabangan man lang ang kanilang mga tanim sa lupa na yon dahil matatanda na po cla, please po kailangan po nila ang sagot,salamat po admin.
Hi admin,
Tanung ko lang po ,may kakilala po ako, Yong CSC po nila ay nawaived po sa kanila, Yong person po na nawaive nila denevelope po c property nag tanim po ng mga puno , like mahogany ,gemilina ,etc then meron na din po mango farm for 23 years po may katiwala po clang pinapasweldo para magpanatili ng kalinisan at mag aalaga ng mga tanim nila sa Lugar na yon.ngayn po matatanda na po cla gusto na po nilang maharvest ang mga puno po nilang itinanim ,ang problema po ay hindi cla ang nakalagay sa CSC ,anu po amg pwede pong mangyari na ang hiling lang naman po nila ay mapakinabangan man lang ang kanilang mga tanim sa lupa na yon dahil matatanda na po cla, please po kailangan po nila ang sagot,salamat po admin.
Author
Well, first their name needs to be on that document.
Maybe if you could arrange an extra judicial means with the other party, to plead in human terms to harvest your proceeds of the land – is the best way we see to deal with it – else we cannot be too legalistic due to documentary problems…
Admin
Gd day po ,,,If a farm and resort that is in the area of timberland and developed by the owner, and there is no permit from your office is this violation and liability and what is the possible penalty for this?
Author
Hi Richard,
DENR violations range from p20-100k.
Best to file the necessary permit, to avoid expensive fines, or even closure of the business or structure demolition.
Admin
good day,,, can I ask about a public land subdivision, can it have a title and what is the process?
Author
If land is government owned, then only the government can use or subdivide it.
It cannot be titled by anybody other than the government since it is government owned.
Admin
Thank you so much and god bless
Author
Welcome…
Admin
Hi Admin, can a local LGU like BARANGAY CAPTAIN can certify a land possession? The situation is just like this. a lot on a TIMBERLAND Area was purchased from a KIN since 1997 and till now there was no proper document of selling the lot. The new owner is the one who is currently in possession and it is known to all people around it. Thanks for you response.
Author
When one buys rights to a timberland you should have a 1.) deed of sale of the rights to that specific land; 2.) Waiver of rights to that specific land from the original stewards, 3.) Acknowledgment of payment received; or any written agreement or acknowledgment of payment received for such specific sale of land…
Admin
Good day
maari po makahingi ng impormasyon about sa Timberland n almost 60 yrs ng naka declare as steward ang namayapa q lolo..
ngaun ang lupa ay naipamahagi sa mga anak nya.isa ang magulang q sa nabigyan.maari po ba bilhin sa DENR ang parte nakuha ng nanay q..pr mabigyan ng land title?
kung dumating po un panahon n binawi ng DENR un lupa meron po ba makukuha o ibibigay n parte ng Lupa sa kadahilang Magulang q ang nangangalaga…gusto lang po mailnawan para dipo kami nalilito..
salamat po
Author
Hi Dennis,
Timberland could not be sold.
The stewardship could not be changed or transferred.
Timberland could not be subdivided or distributed to heirs.
It is sad, but timberland is government owned, until the classification is changed – but be sure to keep paying the annual tax so you have stronger claim to that land when it is re classified…
Admin
Hello po admin ang lupa namin ay timberland at tinanjman namin ng niyog halos tapos tapos hindi nka pangalan sa amin ang tax declaration kc na transfer n sa amin ang rights. At binayaran namin ang tax. Ang tanong ko may nag claim ngayon na indigenous people makukuha po ba nila agad2x ang lupa? Salamat sa sagot
Author
Hello Philip,
There is a very long procedure for indigenous claims.
First you need to have that group and their document checked by the commission on indigenous people.
Admin
Hello po admin ang lupa namin ay timberland at tinaniman namin ng niyog mga 8 years na…Tapos hindi nka pangalan sa amin ang tax declaration . Pro may deel of sale kami of rights. At binayaran namin ang tax. Ang tanong ko may nag claim ngayon na indigenous people makukuha po ba nila agad2x ang lupa? Salamat sa sagot
Hi Admin,
Can a local LGU like BARANGAY CAPTAIN can certify a land possession? The situation is just like this. a lot on a TIMBERLAND Area was purchased from a KIN since 1997 and till now there was no proper document of selling the lot. The new owner is the one who is currently in possession and it is known to all people around it.
Thanks for you response.
Author
When you buy rights to a timberland you should have a 1.) deed of sale of the rights to that specific land; 2.) Waiver of rights to that specific land from the original stewards, 3.) Acknowledgment of payment received; or any written agreement or acknowledgment of payment received for such specific sale of land…
If you wish to seek help from a baranggay official to certify that you have purchased such land, the original rights holder (owner) should also sign or acknowledge such document…
Admin
good day,,,
just a question about a beach, does it have to have a proper permit from the DENR, and if not, can their operation be stopped
thank you very much…
Author
Yes, you need to secure the necessary permits from DENR including ECC Environmental Certificate Compliance which is very expensive to obtain…
Those resorts who did not obtain the necessary DENR permits are in danger of violation issuance from DENR.
Yes DENR can order closure of resorts – as we can see in the news.
Admin
Admin
Good day sir,
I was told that even if I have a Tax Declaration for a certain Lot (Timberland protected area) for 30 years somebody else who likes that Lot can apply for SAPA and get this property even though that person had never a document of that area. Just applying and that’s it. Is that correct? Thank you.
Author
Hi Ann,
SAPA will still have to go through a procedure checklist of requirements one of those requirements is clearance from LGU and clearance from locals/natives and the baranggay, if you are a current payee of the annual tax in the LGU – definitely they will not be able to get SAPA since they need clearance from the LGU. Also if you are recognized in your community baranggay then they will not be cleared for SAPA…
Admin
Hello po admin. Possible po ba na ma-declare as timberland ang isang property na titled na? Thank you so much po in advance.
Author
Yes it has happened before…
DENR has that authority, but also since it is a titled land you can certainly file a complaint in court through a lawyer.
Admin
Hi Admin,
Nagapply po kami ng SLUP per DENR maximum of 25 years lang daw valid ung permit namin. Granted na ang request and the land was converted to commercial land. we will build concrete structure, I am just curious what will happen after 25 years, is there a chance that we can apply for land title after 25 years?
Thanks admin
Author
Hi Dianne,
There is no guarantee for titled land after 25 years, but 25 years is a long time and a lot of things can change – new laws could be promulgated – be positive – one of your friends could become a congressman and then he/she could pave the way for the titling by way of land land re classification / conversion.
On the downside, all the structures you built becomes government property after 25 years – so make the best of those 25 years.
Admin
Hello Admin,
Normally a land classification is converted into Timberland through a legal process like a Presidential order, Senate Bill or Congressional Act and legal descriptions of the Timberland boundaries are describe with distances, bearings and coordinates. These legal descriptions of the Timberland area boundaries shall be drawn in a Topographic Map. For LEGALITIES these information becomes the LEGAL BASIS for determining if a specific property is located inside a Timberland area and should be available for the public to see and use to serve as reference and confirmation if their properties are indeed inside or outside the Timberland area. DENR, CENRO, ASSESSORS office should post LARGE MAPS (LARGE SCALE) of TIMBERLAND areas in respective offices for people to view for TRANSPARENCY. A digital version of these TIMBERLAND maps should be available for public use and reference in the DENR, CENRO and ASSESSORS websites for TRANSPARENCY. The public should not rely on verbal decisions from public officials and should show the OFFICIAL TIMBERLAND MAPS to the public when inquiring. For TRANSPARENCY reasons DENR, CENRO or ASSESSORS office should do these to gain PUBLIC TRUST.
Butch
Good evening sir. Thanks for all the info first of all.
I am planning to buy waiver of rights from someone who’s family has been living there for >80 yrs. She does not have tax declaration yet for that land. Is it logical to get that waiver of rights if she hasn’t registered it in LGU? Is the waiver of rights synonymous to SLUP?
If I decide to purchase the waiver of rights, am I allowed to build a cottage without getting SLUP?
Author
Hi Clare,
You can check with the the local government unit there might be a tax declaration already for that lot. I hope it is in their name…
SLUP is waaaaaay more expensive and difficult to get than tax declaration…
Yes you can build cottage on a timberland that you have rights to…
Admin
Hi
Author
Hello
Hello Admin.
This is a situation po na nagmula pa po sa great grand lola ko, so to lessen the confusion, I will address the concerned parties nlng as A, B, and C. Magkakapatid po sila. Ung original na owner ng lupa ay si A, dalaga, matagal na pong patay. Ung lupa is classified as agricultural sa Tax Dec. Walang delinquency po sa taxes ung lupa dahil kahit wala na si A, binabayaran parin nina B & C ung lupa. Nag execute ng extrajudicial settlement sina B & C para ma transfer po sa kanila ung rights. Nalaman nlng po nila na walang record sa DENR ung lupa at walang lot number. Need daw isurvey, alam namin boundaries by mere memory, no markers,pero wala daw magawa ang surveyor namin dahil wala silang data na makukuha from DENR. Malaki na po nagastos ni B&C at matanda na rin po (80y/o). Di na nila kaya ang hassle at gustong ibenta nlng. Nalaman po namin from DENR, timberland daw ito at di pwedeng ibenta. Verbally lang po sinabi. Walang documents or so. Tama po ba na verbal lang? Ano po way na maisasa record po ito sa DENR? Parang we’re going around in circles kase. We need to sell the land asap, so pwede ba ito ibenta?
Author
Its difficult to deal land that has no documentation especially boundaries (sketch plan – survey).
You can only sell rights if it is classified as timberland – price is usually low for timberland…
You need to go higher in the hierarchy in DENR so they can survey the land so that it can have data for private surveyors to use or reference.
We had experience like that – DENR was able to survey land in about a month of scheduling.
It is the forest rangers or their supervisors who will survey timberland with no data – you need to get in touch with these people or their supervisors.
Admin
Magandang araw po sa Inyo may itatanong lang po sana ako, our land po is issued po ng timberland nakapangalan po sya sa lolo ko to make the story short , binigya ni lolo ng 5 hectares ang papa ko,to avoid confusion my (father is A), (B is the buyer )and (C is the 2nd buyer) what happened was binenta po ni A ang area kay B but Hindi binayaran ni B si A ng exact amount and because of that, nag pagawa sila ng SULAT SA ABUGADO ng conditional transfer of rights . It tells there that pag Hindi nabayaran ang remaining balance ni B kay A until year 2000, MA forfeit and ma annul ang kanilang transaction. and if ever na ma paid ni B si A They will execute another paper that tells na na paid na si B . pero Hindi yun nangyari because Hindi nga na paid ni B si A UNTIL NOW 2023, now without the knowledge of A, binenta ni B ang lupa kay C. and si C is now claiming the land of A as if siya ang may Ari without any paper and because of that nagkampihan sila ni B Para makuha ang aRea quasi nga nakakuha na sya ng malaking halaga si B kay C. during sa settlement sa brgy. po namin B ns C ARE showing some evidence na walang witness and not notarized by the attorney. ano pong Gagawin ni A? for they are now endorsed sa city legal and si C IS PLANNING na paakyatin sa area ang DENR para mapatittle niya na daw ang lupa. A is a lumad and actual occupant of the land while B and C are christians.
Author
It looks like B has bigger problems – first he did not pay you in full yet, and second he collected money from C for something he does not own yet…
If they will proceed with this legally, B is in a lot of trouble and humiliation.
As long as you have the documents for the land, you can easily defend yourself. If you can, you should get a private lawyer to defend you, or a friend lawyer who will be kind enough to help you, of if you cannot get a lawyer when it reaches the court or DENR you should be able to easily defend yourself with the documents you have.
By the way, if it is timberland, it means it is DENR protected and nobody can legally title it…
The most important thing they lack is an acceptable proof that they have already fully paid for the land.
Admin
B is liable for estafa. period. While C is liable for unjust vexation (harassment).
For starters, A should secure (a) Brgy. Certification that he is the actual occupant, cultivator and possessor in the concept of owner (note on the “concept” is not the same as absolute ownership) and also (b) certification that he is a lumad belonging to the _____ tribe/ICC (better to have supporting evidence from the NCIP that A indeed is an IP).
Please do note that if A, an IP, had occupied that land prior to 1944 under the principle of tacking, can rest assured that he is protected by law under the Public Land Act.
Good day sir, I have an issue with Prov. Assessor’s office regarding a Timberland protected area. . We have all the legal documents for a certain Lot we bought the rights in 1993. Then in 1999 Assessor created another Tax Declaration for another person for the same whole Lot. Asking them why they did that, although we have already a Tax Declaration and the one they issued for the other person in 1999 had no history of tax payments. Assessor responded that everything has been correctly done according to the General Revision they did in 1999. And further they told us that Assessor has the right to issue more than one TD for the whole Lot. Is that correct ? They are now collecting the Taxes from two persons for the same Lot.. (Double income)
Thank you!
Author
Hi Ann,
Unfortunately tax declaration is not proof of ownership of land especially for timberland – the recognized legal owner is the government… But you can prove your legal stewardship and disprove stewardship of the other party thru the court – by providing your annual tax payments of that lot – the longer you’ve been paying for the taxes, the better your position will be as steward…
You will need to file a complaint in court – but we are also not sure if the court will process your claim since it is timberland… You might as well try…
We have mentioned here before that some unscrupulous parties in the concerned agencies handling timberland are able to create a tax declaration and claim legal stewardship of timberland thru legal means – they are even able to title a timberland – this is the sad truth of timberlands and Phil government agencies…
Admin
Thanks a lot for your kind help. Very much appreciated,
kind regards, Ann
I have a friend A and D Ang lupa na nabili at tinayuan niya Ng Bahay para sa retirement niya bilang seaman at sa anak niyang autistic. Bago niya nabili Ang lupa may approved plan na at naka certify na na A and D. 2019 nag apply Ng title previous owner sahil di pa nalipat sa kanya Sahil may estate tax pa na Hindi nabayad sa previous owner sa BIR. Although nakabayad na Siya sa BIR sa capital gains tax niya.. Last March of 2022 pinuntahan Siya sa Taga CENRO at Sina I sa kanya na timberland ang lupa niya. Without a second thought he hired a private surveyor Ang it found out na A&D ang lupa niya kung saan nakatayo Ang Bahay niya. MISMO Ang Taga CENRO officials Ang nagsabit sa kanya last March 2022 na timberland ang lupa niya. He was so confused dahil he got an approved plan surveyed in 1968 and another A& D survey in May 2022. So what he did was asked a land status from CENRO and the CENRO certified it as A& D. And their a FPA on that property from the seller. He was relieved knowing it’s not a timberland. Few months later, his house was destroyed dahil may project and repeatedly sinabi nga Taga CENRO na it’s a timberland. Umalis sila sa Bahay nila dahil nagwala Ang autistic nilang anak ay tuwang tuwa sa kanilang swimming pool na sinira dahil sa go ernmw t project. Ang Tanong ko is there a law that government project can declare a private A and D lot into timberland without the national goverment intervention? Is he not compensated at all? Takot Kasi Siya sa mga banta sa Buhay Ng pamilya niya. When he made follow ups on the title from CENRO, PENRO hold it for reasons na Sila lang Ang may alam. 6.has Ang nabili niya lupa from being a seaman for.many years at nawala na parang Bula in just few months. Takot din Siya dahil.may mga banta din sa buhay niya.
Author
When we were working on trying to get a special land use permit for a timberland, our lawyer who assisted us was advised from his lawyer friends to be careful with some personnel in those offices – community and provincial environment offices, because some of them are alleged to engage in land grabbing and converting timberlands to their names as regular lands. We all know what some people in power can do…
I suggest your friend should file a formal legal complaint in the DENR higher ups starting with the regional DENR office, and if he can, find some friends or connections in the higher ups. The regional office is higher than CENRO / PENRO.
Also. If he can find a politician such as a congressman or mayor or governor in that area who has similar bad experience with that CENRO office, that particular politician will certainly love to help him. The reason I mentioned finding a politician such as congressman, mayor, or governor is because, it is those politicians who are the usual enemies of CENRO because these politicians usually have development projects around that area – and they will always certainly usually come in conflict with that CENRO office, because CENRO offices always like to issue notice of violations against politicians even if such politician’s project is an LGU or district project. They always usually have old conflicts lying around that your friend can take advantage to solicit help from a politician.
Also, I suggest he also consult with a lawyer who has some experience fighting or working with DENR / CENRO / PENRO.
OF course there are laws protecting the interest of land owners such as your friend. Considering he has documents, he should stand a fight in that battle. Any lawyer with experience in this field should not have problems in helping him to fight it in the legal realm.
Admin
Good day admin meron po kami problem sa lupa namin na declared as timberland meron po kasi isang mining corp na pumasok po sa lupa namin as timberland meron po ba kamin karapatan na ipahinto sila sa operation nila?
Ang lupa na nabili namin ay agricultural land meron po kami hawak na deed of sale at tax dec. Pero paano nangyari na declared as timberland ibig po ba sabihin na binawi nila yong lupa na pag-aari namin?
Author
Unfortunately, timberland is technically owned (protected) by the government through DENR. If the mining company was able to get the proper permits from DENR – then it will be difficult to stop them, unless if you can find any illegal activity they will do or some lacking requirements in their documentation.
The best you can do is to check with DENR if this mining company has all the needed permits. If they have all the correct permits, then you can monitor their activities if they comply with the boundaries of their permit. Any irregularity on their operation will become your grounds to request a cessation of their activities.
Admin
As a steward of that land can we claim fees from the mining companies?
Author
Since timberland is owned by the government, you will not be legally entitled to the proceeds of the mine, unless if the mining company is smart enough and give you some income to avoid you from watching their mistakes and even supporting their operations…
Admin
Hello po admin ang lupa namin ay timberland at tinaniman namin ng niyog mga 8 years na…Tapos hindi nka pangalan sa amin ang tax declaration . Pro may deel of sale kami of rights. At binayaran namin ang tax. Ang tanong ko may nag claim ngayon na indigenous people makukuha po ba nila agad2x ang lupa? Salamat sa sagot
Good day Admin, I just want to inquire about our land in Bicol. Both my parents died already. We have around 40 hectares and some of them are under my parents name. Now, a company would like to buy it, however, when inquired in the Municipality, they said will be be considered already as Timberland. My question is, what is timberland and how we will able to sell the land.
Author
Unfortunately, when land is declared timberland by the government (DENR), it means it is now under their protection, there are no more changes you can make on the paper works. If all you had is tax declaration, you could no longer process a title for it. And the reason DENR is not giving you any paper work on the land is because DENR do not honor tax declaration once they declare it is timberland.
Some were able to sell timberland but you can only sell the rights on the tax declaration – which means the buyer will now assume the obligation of paying for the annual tax. The buyer can use it for agriculture, and he cannot build concrete (permanent) structures, only wooden cottage like structures (temporary structures).
Admin
Goodpm poh admin, timberland po ung lupang pinagtatayuan ng bahay ko,, pero my naniningil ng renta nito every month, tama poh ba na magbabayad ako sa kanila,,??
Author
Hi Kaizer,
If they are the tax declaration holders or stewards of that land, yeah it is fair that you pay them, as they also pay annual tax to the city / municipality, and they also pay annual rent to DENR.
IF they are not the stewards, then it might be illegal for them to collect rent from you…
Admin
Good evening admin,we have tax declaration, and paying taxes yearly..nalaman Po namin na timberland Ang lupain namin 10 hectares po Ngayon Po gusto ko Malaman kung how we sell our rights Po?thank you so much hope to hear from you Po..
How much we can sell our rights po
Author
Timberland is usually cheaper than regular land because of the complications that go with it…
Check how much your neighbors are selling their lands for, from there you can get an idea on how much to sell your rights. If you feel your land has better location than your neighbor’s then you can price it higher…
Admin
Author
Check how much is the price of land in your vicinity…
If your land has better location then you can price it higher, just bear in mind to inform your buyer of the situation and complication of your land, so that you will not be sued… It is illegal to sell timberland that’s why some timberland owners sell only their rights…
If so then why would the buyer assume payment if he can’t use it to build permanent structures? Is this where SLUP or stewardship (is that a different term or not) comes in?
Are there DAOs or legal documents regarding the matter? Please provide.
thanks
Author
Yes there legal documentations for the SLUP application. Some buyers really like some timberlands usually because of the location and the price, and they are willing to go through the DENR process to use it even for very limited use…
Admin
GOOD day Sir Admin, A part of my lot belongs to Timberland and applied Flagt for it. I submitted all the needed requirements also the application fee for ₱500. Is it considered approved once our Penro signed it? Or it will still go along way to Cenro Office. Thank you for your reply.
Author
You’re supposed to receive a signed certificate for it.
Admin
Addtl querry po Sir Admin, What does it mean Free Patent? Thank you it would be great to get a reply
Author
Free patent is an incomplete title.
It has limitations such as inability to transfer.
It is like a step towards a title.
Admin
Good day admin Yung nakabili sa timberland issued with tax declaration ay legal ba sila maningil sa Renta nang lupa ??
Author
Yes DENR can legally collect annual rent on timberland, under DENR timberland use rules, on top of the annual tax you need to pay in your city/municipal assessor…
Admin
i have a question, our company acquired a land and planning to do quarrying, they applied quarry permit to the nearest mgb/denr but still not granted the pemit yet. they are planning to apply for slup, is it possible to overlap the application of slup to the application of qp? and was it the best decision to change the application from qp to slup? thank you
Author
SLUP Special Land Use Permit is for land with area not exceeding 900 square meters and for land use other than quarry. Quarry permit is the appropriate one for your need. I suggest you get an insider consultant within that DENR branch ask him/her for consultation in exchange for a fee. He she can be a current official or a retired one. Just ask for recommendations within their ranks. That is what they do for sideline – as consultants for companies.
Admin
Hello admin, may ipapaconsult lang po ako, we have a fishpond area that classified as timberlands, ngayon po yung barangay captain namin ay pina stop kami sa pagpapatrabaho sa fishpond namin may rights naman po kami. Bale po caretaker po dati ang papa sa fishpond nangangamohan lang po sya for almost 6 years and then after po non is inabandona na po sya ng amo niya for almost 10 years pero sya pa rin po ang nagmemaintenance at nagcuculture din po ng area hanggang sa inapplyan po nya sa denr ng bagong rights,nakakuha po sya at may blueprint din po. Now po gusto ko lang po malaman kung may rights po ba ang kapitan samin na ipahinto ang pagpapatrabaho sa area namin para sa production po sana. Kasi po yung kapitan dito at presidente ng asosasyon ng barangay ay may plano po na magtayo ng residensya sa fishpond area na kung saan kami po ang may hawak ng rights na nakapangalan po sa aking Ama
Author
For your situation, I suggest you go to the Ombudsman to file a complaint on your barangay captain since based on your narrative – he clearly has vested interest that goes in conflict with his sworn public duty. The ombudsman can issue an order on the barangay captain to cease whatever he’s planning on the land, and while it might take a while to get action from the ombudsman, I suggest you also visit your nearest court or fiscal to file a restraining order on your barangay captain pertaining to his actions on that lot…
Admin
Thank you po admin. May additional pa po akong itatanong, may karapatan po ba kaming ibenta ang stewardship ng papa ko?
Author
People have been selling rights to timberland thru extra judicial means where you sell the rights. Nothing can be transferred or changed on your documents though.
Any lawyer will know how to go about it.
Admin
Selling lot with fruit bearing trees.
Is price of lot SEPARATE FROM THE TREES? CAN WE ASK FOR PAYMENT OF TREES?
Author
Hi Diana,
You can include or separate the cost of the trees and the fruits on the price of the land.
IF it is difficult to find buyer, then some sellers would make the presence of fruit trees as an attraction to sweeten the deal / sale.
Admin
Hello po admin, nakita ko po kasi ulit yung mga documents na naiwan ng papa ko about dun sa fishpond area na timberland. Hindi po pala certificate of rights yung papel, sa land area survey lang po pala yun which is yung nagrequest/claimed ay name ng papa ko. Possible po ba na makakakuha kami ulit ng certification for stewardship rights sa denr? Si papa na po yung namamahala at nagmementainance ng area for over 10 years na po, dahil yung dati niyang amo ay inabandon na ang area at wala ng pakialam sa kanya.
Author
Hi Jeraldin,
Unfortunately the certificate of stewardship was awarded only one time some years ago – we don’t have info on the exact year, so I hope you can find it somewhere in your father’s possession, otherwise I suggest you just try to use that land while you can for as long as you can.
You can’t do much with timberland in terms of ownership or transfer or any changes on its docs.
Admin
A side from his or her rights, is it illegal to fish in timberland?
Author
Timberland right holders always fish or hunt in the ponds or streams in their timberlands. The DENR is only requiring them to secure permits for cutting of trees…
Admin
gd day
I would like to know about a lot that has a CLOA but it has certification from the DENR that it is timberland, and was sold by the beneficiary to an individual and built a concrete gold processing plant, is this correct and what is the possibility? do
Author
Inspect their permits and documents if their operation is legit.
They should have at least a special land use permit, an environmental compliance certificate, and a mining permit, otherwise the whole operation could be very illegal.
Admin
Good day! i bought a land with a tax declaration and a&d 2006 but DENR released a letter that the area is Timberland.
what will happened to us a buyer of the land since it was paid already to the seller?
Author
It is most probably a timberland already before you bought it – the seller just did not inform you as usually the case.
If it is in the forest area and is not titled, it is usually timberland.
Admin
Good day we buy a lot via installmnt basis for a developer not knowing that the land was part of timberland. My question is it is possible for us to demand refund of what we paid off
Author
They should refund you since it is illegal to sell DENR protected lands, and I suggest you get in touch with your nearest DENR to get legal assistance since timberlands are under their protection.
Admin
Good day po.Yung timberland na nabili Wala Po lot number sa assessor ano Po ba pwede gawin?Ano Po ba bawal na ipatayo sa timberland?
Author
Yes timberland does not have lot number, usually only tax declaration number so you can pay the annual tax to the government.
They will not allow you to build permanent structures such as concrete structures, so what most people do to try to get around it is to build wooden cottage-like structures made of light materials, and usually the forest rangers will not mind it – especially when you make them your friends.
Admin
Good day sir/ma’am,im just asking about our land property and there is a timberland portions nearby.is it possible that it could sell it?and incase it is okay to sell it,how much is price value of that area? I hope that i can hear your answer soon. Thank you so much.
Author
It is illegal to sell timberland since it is technically owned by DENR / government. What others are doing is selling or giving up their stewardship rights – and expressly informing the buyer that they cannot change or make paperwork on that land. With the help of a lawyer, you can sell your stewardship rights, but the tax declaration will still be on your name, nothing can be changed if you try to process new paper works for that land.
Admin
Above there was a mention of a title and here there are rights, so together with a title there is a list of rights and limitations or does every title have different rights and limitations according to DENR and location?
Author
Only regular lands have titles, timberlands don’t – so people only sell their rights to such timberlands — limited rights – stewardship only – with limitations…
Admin
good day,,,
I would like to ask about someone who wanted to get a permit for silica quartz in the timber land area, and the applicant wants us not to hold a public hearing, is that correct and is asking us for the resolution for indorsement?
thank you and god bless
Author
You cannot hold public hearing because you cannot use timberland for mining or anything related to that industry on that land. DENR only allow you to plant on it, if you have the special land use permit, and you will also need to pay annual rent.
Admin
sir/ mam
the barangay is being forced to give a resolution for indorsement for the application for quarry of silica quartz in the timberland area, what can we do
thank you very much and god bless
Author
You can have the nearest DENR / CENRO / PENRO check if the granted brgy resolution is valid or legal.
DENR have powers to invalidate that resolution if it goes against applicable environmental laws.
Admin
Good day sir! I have a question please I hope u can enlighten me. May property po papa ko na farm na malapit sa river at patag sya ng bundok.. tax declaration lang po ang meron kami kasi ung land title na inapply namin hndi naprocess/nadelay delay kasi namatay ung nagproprocess sa office nila amd nagkawalaan papel. Tapos na declare na forest zone sya ngaun.. since 2014 po na nabili pero wala pang land title.. ibig sabihin po ba pwedeng mawala ung lupa na un Samin? And hndi kami pwede magpatayo ng kahit na ano? Ngaun po andami na naitanim nun and nakakadisappoint na hinold na nila ung pag process ng land tittle namin
Author
This is sad reality – when your land is declared by government DENR as timberland – you can no longer title it and you can no longer build on it – but if you build just wooden structures – light materials – DENR usually will not mind it.
Pero posible bang mawala ung lupa samin totally sir? Thank you.
Author
It’s very rare, if you occupy it – fence it, and if you keep paying the taxes.
Admin
Thank you so much sir!!!! I really appreciate every response from you. God Bless!
Good afternoon. Pwde po ba malaman ang process ng pag apply ng title within commercial areas. Thank you
Author
It is the same with regular land commercial or private…
We do have a past article about the process somewhere here in this site.
Admin
Sir maybe you can advise me. For 13 years I have been in possession of a timberland planted with coconuts by my father. My father and I signed a notarized document paying him money so he transferred his possession of the land to me. The problem is my sister is now claiming the land because the tax dec of the said land is in her name. But she herself admits that I am in possession of land for 13 years. What do u think the DENR will say on this matter?
Author
If it is still timberland, then it is still owned by DENR – the government.
The name on the tax declaration is simply the steward – the one who is required to pay the annual taxes.
And the one who is actually occupying the land is simply also a steward with direct rights on the trees and fruits on that land.
Admin
Good afternoon. I would like to ask regarding the process in applying land title of lots within commercial areas. I am working in DENR, and since nalipat ang LMO III namin, wala pong may alam sa amin sa process po. We have clients na nagtatanong kung ano ang gagawin and wala po kaming concrete na sagot. If there is a guidelines din po, I am willing to study it. Thank you
Author
its a very long process…
I suggest you get in touch with any real estate agent. That is one of the services they offer.
We also have an article about that here somewhere in the old posts…
Admin
Good day po. I just want to ask regarding a public school na located sa Timber Land. Now gusto nila mag apply ng patent. Ano po ba ang e aadvise namin sa kanila? Mag apply ng SLUP or Presidential Proclamation? Thank you
Author
SLUP is the expensive way to it.
I recommend Presidential proclamation since they are a public school – it will not be difficult for them – of course in coordination with the Department of Education…
Admin
Good day, I just want to ask kung ano po ang proper na gawin. May school po kasi na located sa timber land. They want to apply for a patent. Ano po ang dapat gawin, SLUP lang ba or presidential proclamation?
Magandang hapon po admin,
dito po sa amin ay timberland .
75 yrs.ago dito na po ang lolo at lola ko.kaya nakapagtanim sila ng marami.
may private institution po na pumasok at nakigpartner sa barangay.pwede po ba nila gamitin ang lupa at putulin ang mga itinanim namin at sabihan walang karapatan kasi lupa ng gobyerno..
pumunta ako sa barangay ,ang nangyari..wala silang papeles..kahit nga resolution ,wala..hindi sila nagprocess ng papeles.dahil frnds nila ang denr sa local..pwede ba yun..verbal lang walang papeles..pwede ba namin sila bawalan..
ayaw kasi ng maliit na porsyon ang private sector..gusto nila 900sq.meter..
Author
Hi Jasmine,
I suggest you go to DENR as they are very strict on land use on timberland areas.
Maybe the reason they went to the Baranggay is because they could not get a permit from DENR.
Admin
Hi Admin my problem is all about making a title, I was paid the land I bought way back 5 yrs ago at napatayuan ko e2 ng bahay, the problem is hindi ako maka pag process ng titulo because young land owner which is minana nya sa kanyang pass away na Ina, is di na nag bayad ng tax sa city hall namin at malaki na umabot na sa almost 1 million and tax Owe nya, gusto nya kaming mga home owners ang magbayad ng tax sa lupa na sakop, ano po ba ang legal moves dito at ano ba ang mga requirement para mapa titulo ang bahay at lupa?
Author
Your best legal move is to pay the taxes first, as it is the primary requirement for the title transfer.
There is a very long list of requirements and processes in the land title transfer processing which includes but it is not limited to: new survey, tax payment receipts, DENR clearance, deed of sale, etc.
Admin
Good pm poh…
Ang posisyon Namin ay Isang timberland more than 35years na kami Dito,,Isang Araw may dumating na claimant Kasi may titulo daw sila at toto na may titulo Sila, they file us a case civil case gusto Kasi nila na palayasin kami,nag file kami Ng petition for cancellation sa kanilang titulo,Sabi Ng denr NASA handling lawyer na Ang petition Namin,ngunit Wala pa talagang resulta Kong ma grant ba Ang cancellation..ito Ang akong mga Tanong..
1954 Ang titulo nila, 1952 classified as timberland..gaano ba Ka laki Ang aming porsyento na Hindi kami mapapaalis as positioner..tulungan nyo poh kami..may 1st hearing na kami this coming July 1 week..salamat po
Author
Your best defense is DENR since they are a government agency with huge resources and jurisdiction on timberlands.
During the first hearing, request the judge to issue a temporary restraining order against the claimant so they can pause whatever they plan on doing with the land, until the case clears…
Salamat admin…
Natakot Kasi kami baka e grant Ng judge Ang kanilang titulo at palayasin na kami,Dito kami namumuhay,
Hindi nmin alang if malakas ba Ang depensa nmin na projection classified as timberland sa kaning na file na case.
Author
You can always appeal later…
Keep constant communication with DENR.
Now is a perfect time to learn to pray daily…
hi, id like to ask po what is GSS 1410 lot nos. and classification of lots? can i get a copy of of mapping or sketch, and the list of owners of particular lots from DENR puerto prinsesa?
the issue is that, my sister who passed away last december 2021 bought a parcel of land in maranat 2, bacungan , puerto prinsesa palawan, her caretaker planted trees like mahogany, gemelina, manguin and narra in 1997 and regularly visited by the caretaker, just this week, we went in the said land to see how is it today, but to oursurprised, it is now being grabbed by the former owner and sold to other by subdividing the lot and told us that he never sold his land to anyone before and that no one has plante trees in his land. he is simply denying now that he never sold it to our sister, we only have waiver of rights signed by him as a document and the contract of planting trees to a caretaker after it was sold to my sister.. the contested lot is lot no. 89 GSS 1410,. i hope that we can still recover the land, what shall we do? thank you
in addition to that, the planted trees including the narra tree were already chopped down, sold, and used by them in building houses inside the the lot
Author
I hope they cut those trees with the proper permits and procedures, otherwise it will be another case for them…
Author
You need to Sue him with the violations he may have committed. You need to see a competent lawyer to establish his violations, and to know if the purchase your sister made was fully legal. To get the details of the lots, you need to visit DENR Puerto Princessa.
thanks for the reply. I have learned that they don’t have any permit to cut those trees.
Good day Admin!
I am about to buy a portion of a known/classified timberland in Palawan. I have no idea about it so I read and searched in google.
Actually, some of my questions were already answered by just reading Q & A here in your page. Thank you so much.
My questions are:
1. If i will buy a right of land classified as timber from the natives who actually occupying the area, is tribe agreement of ownership is enough?
2. Can I make a deed of sale and let it be notarized with the lawyer to have a firmer paper in the future when the government reclassify the land inyo A&D?
3. When I build a farm/poultry in land and the DENR will take the ownership of the land when they actually need it, will they pay the cost of structure I will build?
Thank you so much.
Author
1. To be able to use or buy timberland, you need to get approval from the National Commission for Indigenous Peoples (NCIP). You cannot use timberland if it is owned by the indigenous.
2. Yes you can make a deed of sale and have it notarized but it will be a sale of the rights to steward such timberland.
3. The government will not pay the structure, in the first place it is very difficult to get approval to build a structure. People on timberlands usually build temporary type structures like huts or wooden types
Admin
Author
Hi Heraldine,
1. Tribe agreement of ownership is not enough, you will still need to have that lot checked at the NCIP (National Commission on Indigenous Peoples) to see if there are no other overlapping claims on that lot, and to also register your agreement with the local tribe in your lot.
2. Yes you can have a deed of sale on the waiver of rights for that lot and have it notarized by your lawyer.
3. Legally they are not required to compensate you, but if you have the special land use permit, then you have a fighting chance…
If you need help in processing your special land use permit, email us at finefinishcebu@gmail.com
Admin
Good day Admin!
I am about to buy a portion of a known/classified timberland in Palawan. I have no idea about it so I read and searched in google.
Actually, some of my questions were already answered by just reading Q & A here in your page. Thank you so much.
My questions are:
1. If i will buy a right of land classified as timber from the natives who actually occupying the area, is tribe agreement of ownership is enough?
2. Can I make a deed of sale and let it be notarized with the lawyer to have a firmer paper in the future when the government reclassify the land inyo A&D?
3. When I build a farm/poultry in land and the DENR will take the ownership of the land when they actually need it, will they pay the cost of structure I will build?
Author
Hi,
1. Tribe agreement of ownership is not enough, you will still need to have that lot checked at the NCIP (National Commission on Indigenous Peoples) to see if there are no other overlapping claims on that lot, and to also register your agreement with the local tribe in your lot.
2. Yes you can have a deed of sale on the waiver of rights for that lot and have it notarized by your lawyer.
3. Legally they are not required to compensate you, but if you have the special land use permit, then you have a fighting chance…
If you need help in processing your special land use permit, email us at finefinishcebu@gmail.com
Admin
639214275469
Hi,
Ask ko lang po regarding sa amin situation yung area nmin under CARP. Tz my subrante more or less 2 hectare tz punta ako sa DENR region for projection na found out nla na that area is timberland. The problem kadalasan my title na ala cla ka knows about sa sitwasyon na timberland sya way back 1939 based sa map. The question is can this title be voided or it require court procedings? The holder of title can be imprison? I read news that its illegal for the city assesor to issue a tax declaration on the area belongs to a timberland.
Author
If it is declared timberland, the title simply becomes invalid, but I doubt if there really was title. Kindly check with owners if they really have hard copy of the title. The title holder, if there was, will not be imprisoned, but DENR can start prosecution if he/she sells timberland. Somehow, it is not illegal for city assessor to issue tax declaration of timberland, as usually they just base their tax declaration on the older document(s) that the owner has. The city assessor encourages the tax declaration holder to continue paying for the taxes of the land – this is also a good idea, so that when the time comes for that land to be re classified as regular land (alienable and disposable), your tax declaration is your proof of ownership and is the primary requirement for you to process the title.
Admin
Admin, issuance of tax declaration for real properties within timberland is prohibited and is a violation to section 84 of PD 705 as amended and renumbered by RA 7161.
Shouldn’t government purchase the land even at cost if the land has already a title? Was posted above while Timberland can not be sold the rights (limitations) can be transferred and rented out, right?
Thanks
Author
Government can always do so as we see them doing it when buying land for road use – even if it already has title… Yes people have been selling / renting out rights to timberlands…
Admin
Hi Admin,
Ask ko lang po regarding sa amin situation yung area nmin under CARP. Tz my subrante more or less 2 hectare tz punta ako sa DENR region for projection na found out nla na that area is timberland. The problem kadalasan my title na ala cla ka knows about sa sitwasyon na timberland sya way back 1939 based sa map. The question is can this title be voided or it require court procedings? The holder of title can be imprison? I read news that its illegal for the city assesor to issue a tax declaration on the area belongs to a timberland.
Author
No need of court proceedings, the title is void if DENR says that land is timberland.
But the title holder can try to fight it out in court with an experienced lawyer.
Admin
Thank you we had land titles under the CARP my father is one of benefeciary.
Hi Admin,
Can I buy land that is classified as TIMBERLAND yet Titled? I heard from a friend that I should be cautious in buying those.
Author
When you are planning to buy land and you see or hear the word “timberland”, I suggest you run away as fast as you can away from it. The word timberland brings nothing but agony and pain to its victims…
Admin
Hello, there’s a land in Palawan that’s timberland but covered in Presidential decree 718 (resettlement and agriculture). The seller has the tax declaration and can execute waiver of rights and/or deed of sale. The congressman has been requested to sponsor a legislation to reclassify as Alienable and Disposable. I know until that happens, we cannot get a title. What do you think? Thank you!
Author
You are correct – you cannot process a title if it is still timberland.
The government agencies involved in titling simply will not process if it is still timberland.
Admin
Good evening po. My wife’s parents are tenants for more than 30 years caring its coconut plantation. We knew that this land is classified as timberland because its under the protected areas. The land today is managed by the administrator of all heirs since their parents who owns the land were dead not more than 20 years ago. We are living just near the house of my father in law. One day we were called in the barangay by the administrator and she advised us to get papers from a certain lawyer wherein she is the first party and we are the second party. As far as I understood, the notarized paper stated that when the first party will use the land then automatically she can get directly and we’ll be out from that certain are. Our house is made up of light materials only we have cemented about 1 or 2 meters from the ground. We have no papers in our hands but we have the notarized memorandum of agreement between us and the administrator. My questions are: Can she really get directly or pull us out from the area? Do we have the assurance that we can live for a long period of time? What will we do to have his security of tenure? Is it legal that she let us get the MOA from a private lawyer? Please let me know. God Bless
Author
Hi Jules,
I suggest you consult the nearest office of the Department of Agrarian Reform (DAR), if you cannot get your own lawyer with agrarian reform experience. You need to bring that memorandum of agreement document to the DAR office or to your own competent lawyer or thru a public lawyer so they can check if that agreement did not violate any existing law and to check if that document is fair to all parties…
Admin
good day.
I just wanted to know if the land has a tax declaration but the denr has a certification that it is timberland can the claimant sell it
Author
Unfortunately, it is illegal to sell lands classified as timberland by DENR. It is also difficult to sell it because the buyer will be unable to transfer it to his / her name.
But you you may try to sell the rights to it, if the buyer is informed before hand, and if he accepts that it cannot be transferred to his name, and the other difficulties he may have to face in buying timberland which include difficulty in constructing permanent structures, etc…
Admin
what if in the tax dec it is classified as coco land agriculture while in the DENR it’s timberland, what is the implication of land ownership in this situation sir? thanks if you get the chance to read and reply.
Author
Unfortunately, DENR is a powerful organization as it is an authority in land classification, but perhaps a good lawyer with experience in lands can help you…
Admin
Good day sir admin, what are the step by step procedure/requirements to apply a CERTIFICATION OF TREES PLANTATION OWNERSHIP (CTPO) for mahogany trees whicj is located in timberland with tax dec.and approved plan… tnxss god bless
Author
Hi Neljohn,
This form is available at the DENR office that has jurisdiction on your lot.
Admin
Good day sir admin, what are the step by step procedure/requirements to apply a CERTIFICATION OF TREES PLANTATION OWNERSHIP (CTPO) for mahogany trees whicj is located in timberland with approve plan to apply for a land title… tnxss god bless
Author
Hi Neljohn,
DENR will be able to assist you on this form.
Pass through your baranggay, so you can be guided with the requirements for CTPO.
Admin
Hello, Sir!
Thank you for taking my call. You’ve been very helpful!
More power to you, Sir!
Author
Welcome
I bought a land rights from individual. Her land totaled is 28 hectares, however only 8 hectares has tax declaration because of limited finances. She cultivated this land for a long time with barangay certification as a proof of ownership. However, it was declared as cadt by government agency. Since i considered myself as a new owner or new caretaker of this property. Is it possible for me to cultivate this land (planning to put a bamboo plantation)? And eventually apply a tax declaration for the whole property and proceed to a title?
Please advice me what to do to be able to acquire a legal documents for this land.
Thank you for your asnwer.
Author
Hi Johnard,
You cannot title timberland (DENR) protected lands…
Even though DENR do not honor a tax declaration, but it is still your best legal document especially when that land is reclassified as regular land 50-100 years from now.
I suggest you get in touch with your local assessor and check if you can still pay the taxes on that land, otherwise the government can easily nullify stewardship / ownership of that land.
Admin
Good day Admin,
I just want to clarify. We are occupying in a certain lot long time ago, as my father’s inheritance from his deceased mother. It is not titled yet but we pay taxes yearly in the City Assessor.as shown in our tax dec. When we verified it in CENRO, we found out that the lot is still under the timberland classification. Can we apply SLUP for it? We are using/occupying the lot in a longer period of time as residential and my father has already made improvements thereon.
Thank you for your reply.
God Bless.
Author
Hi Sabina,
If DENR, is not bothering you yet, I suggest you don’t get the SLUP as it is a very tedious and expensive document to get.
You have the documents to prove ownership – tax receipts, tax declaration.
Though DENR does not honor tax declaration, it is your best proof of ownership.
When DENR declares a land as timberland, they are literally canceling your ownership, yet the government still accepts your taxes.
When that land is re classified as regular land, your tax declaration and tax receipts are proof that you own that land.
For now, I highly suggest that you keep a low profile. Do not build a mansion on that land. Build something low profile yet comfortable. Make your home looking like a decent cottage – less concrete, more wood, and DENR will not bother you…
Admin
Above you posted that while rights can be sold and land rented – the name under the tax declaralation would be still be under the original steward/owner, right? So when the land is reclassified how can the new owner get possession
Author
When the land is reclassified as regular alienable disposable then you will just go through the usual process of titling transferring since it will then be just a regular land…
Admin
Hello po good day, matatawag po bang timberland ang lupa na may lot number na? at maaagaw pa ba sa iba ang lupa kahit may naka pangalan na sa lot number at minana naman nmin ito sa magulang namin at may katibayan naman na binili ito sa magulang namin. At pinamana nya sa amin na may katibayan na pinermahan ng attorney..
Author
Hello Jean,
Yes that’s the sad truth – if your titled land is declared timberland by the government – their declaration is backed up by relevant environmental laws. Just like when the government wants to use a lot by the road side for road expansion, not much you can do but accept it.
Of course if you can get a good lawyer, might as well consult one and see if there are legal options you can take…
Admin
Hello Admin, I hope you can enlighten me po. May nabili kami na lot. Tax declaration lang po ang meron nila at yung naka pangalan sa tax dec is matagal na namatay. Yung lot po ay na divide sa mga anak nya. Sketch plan lang po ang meron nila na naka pangalan sa mga anak nila but yung tax declaration po is naka pangalan parin sa lolo nila. Nung magpapa survey na kami ay sinabihan kami na timberland ang lupa na nabili namin. Kung ipagpatuloy po namin yung lupa po like ipa survey namin at magpa tax declaration po kami sa portion ng lupa na nasa sketch para e pangalan po sa amin. Magkakaroon po ba kami ng own tax declaration yung naka lagay sa lot area is yung portion lng na nabili namin at kung gagamitin na ni government yung lupa hindi po ba kami basta basta mapapa alis since may own sketch plan at naka pangalan na yung tax declaration sa amin?
Author
Timberland docs cannot be changed or transferred since it cannot be technically sold. When you buy timberland rights it is one of the things you need to accept – that you cannot change its documentations or subdivide it. When you buy timberland you only buy the rights to rent it from the government (DENR). Of course some people who have connections or power clout may be able to change the tax declaration or the title but you will have to go through some illegal means to do it. So most people who buy timberland will just accept the difficulties that come with it, and just use it without being able to change the documentations for it… And since it is government protected, your rights to use it will also be limited, and the government can cancel your special land use permit anytime…
Good day Sir Admin! Just want to clarify, do i need to involve the Barangay Chairman and kagawads as a witness in crafting the “Deed of Sale”? Or it’s enough between me and the seller and have it notarize Sir?
Author
The lawyer’s sign and seal will suffice…
Admin
Good Day Sir Admin. Thanks for the immediate response very much appreciated. Just want to confirm this statement of DENR, Morong, Bataan. As per coordination to their Office this morning no need for Certificate of Stewardship Contract (CFC) because they don’t issue that documents anymore and they replaced it of Socialized Industrial Forest Management Agreements (SIFMA). But since the lot is 1000 sqmtrs only no need for SIFMA because the minimum lot requirement is 1 hectare to avail this documents. Also, they told me that after 5 yrs i can apply for CLOA for the 1000 sqmtrs lot.
They also told me that no need to apply for tax declaration since the lot is classified as timberland. If I want to apply for tax declaration, i will pay directly to them and it is not the concern of municipality of Morong, Bataan.
The “Occupancy Certificate from Barangay” is enough as proof of sterwardship of the lot. Since, this document is issued by the Barangay Chairman one time only.
About the development, they told me that i can use cyclone wires for fencing. But, what about prefab container house? Can i use it since its made up of light materials and its movable naman. Moreso, ok lang din daw na mag put up ako ng microbusiness like small grocery store and water refilling station basta discreet lang and no need na for SIFMA or SLUP, etc.
Hope you can help me Sir Admin with these matters. Thank you
Author
Yes discreet is the keyword, and I suggest you befriend your local forest rangers and pray that they will not be strict with you…
I strongly recommend you still file your tax declaration and pay the annual tax at your local government unit. DENR will advise you otherwise because they don’t recognize tax declaration since when a land is protected – it means the government already owns it, however lawyers who are adept with lands will disagree with them, as when that land is converted to regular alienable and disposable land, and the DENR ceases control / jurisdiction on that land, your tax declaration is the only document that will prove your ownership of that land.
Admin
Good day Sir Admin.
Part of our lot belongs to timberland that’s why I have to applied it for Flagt . I submitted all the needed requirements even paying the ₱500/application fee. Is that means that once our Penro approved and signed it, it is considered approved? Thank you so much for your reply
Author
You should receive a certificate for it – stating the definitions and limitations of the use of the land.
Admin
Thanks for the very informative response Sir Admin. About the development, can I use cyclone wires for fencing. And, what about prefab container house? Can i use it since its made up of light materials and its movable naman. Kesa sa Bahay kubo ang itayo ko…
Additional query Sir Admin, what are the step by step process of applying for tax declaration in local government unit, just like in morong, bataan? And what is the basis for accepting my payment? Also, what are the requirements in filling for tax declaration?
Hope you can help me. Many thanks
Author
Since you cannot change or transfer any part of the tax declaration for a timber land, simply bring that tax declaration to your LGU assessor’s office or to the LGU cashier and tell them you want to pay the outstanding taxes for such land…
Admin
Author
Yes those materials are considered light – you should be able to use them without problems…
Bro san banda ka sa morong nakabili? may nagbebenta kasi sa akin sa morong bataan din, tabing ilog siya, meron daw siyang hawak na DENR certificate and rights lang ang lupa, ang di ko lang alam kung anong classification ng lupa baka timberland din. so if ever na bilhin natin ang ganitong lupa sa morong there is chance for cloa but sa small size lang? 1 hectare kc ang benta sakin
Thanks for the informative Q and A admin. Have a good day.
Hi Admin. Good day. Thank you for the informative Q and A with your readers. Really appreciate it.
A certain Barangay somewhere in the south Philippines is known to be Timberland. The barangay has many people with houses built for maybe 30 years or more and its a great community and it is still growing and developing with its long concrete pavement provincial road. People there has only rights to the timberland. I only heard the SLUP up until now, does this apply to them?
I bought a land rights there and I plan to build a resthouse and a farm, What is your take and advice to this?
Thanks admin
Author
SLUP definitely still applies to them. We have seen this as common DENR behaviour – if a certain area has a community older than the forestry law – DENR usually is not strict on that area – maybe because they have very little police power or legal arm. If you buy land and build there, you will certainly be unable to secure a building permit and a title. All buildings there definitely don’t have permits also.
Hi admin. Michael here again. In regards to building coffee shop or small business in Timberland area, Its still necessary to get a business permit, right? Can we get Business permit even if the business is built in Timberland area? I am hoping you know something about this. Thanks
Author
Since it is government protected land, all the more you will need the proper permits for the business. In fact, you will be required to submit the SLUP (Special Land Use Permit) at DENR before applying for your business permit. And since it is very difficult and costly to process SLUP, you can just try it out and see if your LGU will require you the SLUP.
Hi Admin, Good evening. I bought a 1500 sq.m rights of timberland from the last person who own its rights ( and he owns it for maybe 50years already). We have a deed of sale from the barangay with signatures from barangay captain and kagawads. I know that its timberland and I only have rights for it. How do I make my rights of the timberland more secure or firmer? What other ways should I have to do to make it (via paper or records as proof) as my rights and the rights as only mine? Do I have to apply and pay for Tax Declaration? Thanks Admin
Author
You can strengthen the documentation of the sale of rights by writing a deed of sale of the said rights and have it notarized by a lawyer.
I have a timberland of my grandfather about 70 yrs. stay with permit of government agencies and barangay witnesses more than 20 person. 1/8 of portion timberland has been abandoned by sibling of my grandfather about 50 to 60 yrs. now but my grandfather continue improving planting trees. Now, for 50-60 yrs. the sibling of my grandfather want not to claim the portion and she file case with court order, sheriff come to the area. My question do this court order, sheriff, or attorney has right to depend his/her complainant for 50 – 60 yrs. abandoned timberland and my grandfather continue the said portion? thank you
Author
Abandonment does not diminish his ownership to the land if still any. The judge has seen legal basis for sending a sheriff. You will need another judge to counter his judge – by filing a counter case.
If you are a grantee of an SLUP permit and asked for a road right of way from an occupant who does not have a permit on the said Timberland property, will DENR issue the SLUP grantee the said road requested since the grantee’s property is a dominant property. If tue servient does not want to give a road, can DENR impose since It is under their area of responsibilities?
Author
I think the law on road right of way applies the same for timberland – and the petitioner will no longer need to apply for special use since he will not be using the land other than right of way
Good day. I would like to ask about our titled land in guadalupe carcar that is already classified as timberland as of the moment. In that land we have settlers “sa-op” there they build houses without our approval, do we have the right to tell them not to build house in that area because its our lot and we have other plan on what to do with that land? Also, do we have the right to take away our settlers “sa-op” in that lot? Please help me
Please help!!!!!!!!!
Good day. I would like to ask about our titled land in guadalupe carcar that is already classified as timberland as of the moment. In that land we have settlers “sa-op” they build houses without our approval, do we have the right to tell them not to build house in that area because its our lot and we have other plan on what to do with that? Also, do we have the right to take away our settlers “sa-op” in that land? Please help me
Author
When the government classifies land as timberland – it revokes or invalidates your title so it can place such land under protected status. You can get a lawyer and file a case against DENR – and let us know how it goes – your experience fighting DENR will be very useful…
Author
When the government classifies land as timberland – it has to invalidate your title so they can freely place such land under protected status. I suggest you fight them in court and your experience will be very beneficial to us all…
Hello Admin! A portion of our lot is rented by one of the telecommunications of our country. However, it was later found out that it is a timberland. Telecom representative said that their lessor is DENR instead of us and i dont think that is the case. Applying for SLUP, how much will it cost for hem renting 225sqm?
Author
SLUP annual rates change every year – depending on the lot location and your locality (municipality type, etc.). Please visit your nearest DENR for the current applicable rates.
Is SLUP a right that can be sold to a buyer?
Author
We have not tried that yet, but I think yes since if you bought a timberland rights with already approved SLUP even if the SLUP is addressed to the previous owner then your deed of sale will become your supporting doc for the SLUP use under the previous owner…
Admin
Good Day, can i request the guidelines for SLUP
Thank you so much
Author
Simply right click on the SLUP guidelines image on the article, then save…
Admin
Author
Simply right click on the guidelines image provided in the article then – save…
Admin
Hi, we acquired rights on a Timberland property around 15 years ago. That time we didn’t know that it was classified as Timberland, i was wondering if it is possible now to apply to get a Tax Declarations for a Timberland property? if so, how do we apply?
Our contact informs us that we should have the property surveyed and then apply for SIFMA and DENR will inform us how much taxes we have to pay so we can use the land for 25 years, is that true? Thank you for your help!
Author
Timberland tax declaration currently could not be changed as there is a freeze on timberland transfers since they are not to be sold or transferred.
SIFMA application means you can only use the land for agricultural purposes, they will not allow you to build structures.
Admin
Hello Admin. I have a concern regarding SLUP. I work in a hydro company and our SLUP is about to expire. What are the remedy to extend or renew the permit. The conversion is still ongoing and were afraid that we might not be able to materialize the FLAg before SLUP’s expiration. I’d like to ask what are the possible remedy to extend or renew. Can you also support your answer with legal basis as my reference. Thank you.
Author
Hi Bryan,
SLUP (Special Land Use Permit) have to be renewed annually and you have to pay DENR their mandated annual rate depending on the size of the land you are using.
Being the government that they are, you need to start filing your renewal at least two weeks before the expiry date so you can give them ample time to process and to make sure you don’t incur unnecessary penalties…
Admin
Thank you very much for your input sir. But may I know what law or what admin. order you were using. I just need a legal basis as to this matter for my reference. To add, is DAO 2000-11 is still applicable? And it seems I can’t find any regarding the aforementioned admin. order.
Author
To get more info about past and current DENR circulars – simply visit your nearest DENR office and request the info from the PENRO officer.
Hi admin, i m menro dedignate po, humihingi po ng certification ang kalahi cidds para sa kanilang sub project n every barangay, to construct of quarantine facility with aminities of 55.5 sq m. Timber land po ito, Covered po ito ng cadastral survey no.1 337-D pwede po ba akong mag issue, nag bigay na po ng certification ang assessor tnks po
Author
Hi Gemma,
A quarantine facility is usually classified as temporary facility such as during pandemic which is also a temporary event. The need to take care of human beings in times of difficulties such as during pandemic supersedes all. If you want the facility to have very little impact on the environment, I suggest the structure should be made of fiber cement or similar temporary materials. The big quarantine facility here in Cebu which is newly finished is made of similar material – fiber cement walls. If made correctly (thick fiber cement sheets), fiber cement will make a very strong wall yet with very little impact to the environment. The columns and trusses can be made of metal tubes and such…
Thanks.
Admin
Thanks admin but pwede po akong mag issue ng certification?
Author
Yes you should support this very noble project. It is well within your authority and you do not stand to profit from it.
Admin
Hi admin, hope u can help me. i bought a land last year sa mother in law ng kuya ko and we found out that the land we i bought is classified as a Timberland.
Paid cash sa in law ng kuya ko kasi owner ng lupa sister nia pero sya nag transac sa akin. I trusted her then malalaman namin this year timberland yong area na binenta sa amin.
we are planning to file a case po sana since ang labas niloko po ako. malaki po ba chance na manalo ako with evidence from DENR na timberland yong area?
Author
Yes it should be an easy win for you since it is illegal to sell timber land and if you can show paper work showing who paid and who received the payment, but like any other land cases – it could take a while, so maybe you can take the short cut and just ask for a refund – if that is still possible.
Admin
Hi good day my ipapakonsulta Sana kami , kc the land we are in is timberland and before my ngsukat na po into and unfortunately nong binigay namin yung papeles para mkahingi ng blueprint Wala daw clang mkita ehh yung iBang membro my blueprint kami Wala na saktong sukat sa area na nassakupan namin..ngconsult din kme sa DENR..
Author
if a surveyor cannot find records in other places like land registry, department of agriculture, he will sadly have to go to DENR as they have a mapping system as old as time. In fact, the surveyor you need to get is someone that is DENR accredited. You may also directly request from DENR for their mapping team.
Admin
Good day Admin.
May I ask what is the applicable permit akin to SLUP, if there is any available or required by law or regulation to be obtained and/or that may be secured from DENR in order to utilize a 2-hectare timberland situated inside a CADT zone, for housing/resettlement purposes for the benefit of the ICCs/IPs therein?
Author
Hi Zach,
As an indigenous owner, I believe you have superior rights on that land over DENR.
Simply prepare your structure blueprints and have it approved by your mayor thru the local municipal engineer.
Admin
Hello Admin
I need your advise on this. So this case po, the tax dec shows .7630 hecatres of parcel of land. Then the steward of the tax dec only lot (timberland) says its actually 7630 hecatres. kasi may point before sa 7, does it mean its not 7 hecatres at all? can we change that? if yes, whats the process?
Author
You can got to your city or municipal assessor’s office to have your tax declaration verified. You will know by how much they charge every year on your tax. Or you can also hire a surveyor to have that area verified.
Admin
Thank you admin.
Apparently, there are sort of mistakes on the original tax dec. It showed .7630 hecatres rather than 7.630 hecatres. What do you mean by this?
Author
I suggest you visit your local assessor’s office… They are considered the authority on possible typographical errors on tax declarations if there’s any…
Admin
Hi admin! Student po. Tanong ko lang po, may gusto kasi bumili sa lupa ng lola ko pero classified po siya as timber land kasi malayo po sa bukid. May buyer po plano magconstruct daw ng kumbento. Eto yung problema ko po, di po kasi alam ng lola ko kung magkano benta ng lupa kapag timber land sa year 2021 costing. Patulong po at ano po yung proces sa mga ganitong scenario? Thank you po sana masagot agad.
Author
Hi James,
Though you are not allowed to sell timberland since it is practically government owned, you can price it anyway you can since you are the legal stewards….
Admin
Hello admin may gustong bumili sa lote namin na beach lot kaso naka classified siya as agricultural timberland gusto sana ipa title ng buyer.
Author
Since timberland could not be titled for now, then the buyer, if he’s really interested with the lot, will have to accept it as it is – could not be titled to his name for now, until the time comes when it will be classified as ordinary land (alienable and disposable)…
Admin
hi sir magandang araw po. Pwede ba mka own ang private individual sa timberland..pwede ba niya ma aplayan ng titulo ang timberland na lupa ng govt..dahil kapitbahay namin pinag deal na kasi niya lupa ng govt..at ang mga tao na nakatira ay palalayasin kung hindi mag rent .kahit isang puno wala siyang itinanim.puro mga puno ng govt..inangkin..sana po matulungan niyo kami.kung anong proseso at anong opisina ang pupuntahan namin..godbless po.
Author
Unfortunately you cannot title timberland and you cannot even change the tax declaration of that timberland to your name. That is why Some people like to sell their timberland. But if you really want it then you can arrange with your lawyer to buy the rights to it but you cannot change it to your name or make any changes to it’s paperwork. If you really want it, be prepared financially to deal with DENR. Their permits to use timberland is expensive and difficult.
Hello Admin,
Is there any reclassification for timberland to agricultural???
Someone told me that timberland without any sources can be transferable to agricultural. Assessors frm our town told that so.
Author
Yes that is correct, you can use timberland for agricultural purposes, in fact that is what DENR will recommend you do, but as to re classification on paper – that will take an awful lot of processes – as it will require a re classification law which is hard to come by… I suggest you just use it for agricultural purposes and the DENR rangers will not bother you so much, unless if they see a really big time agricultural operation going on – which you will then have to file the necessary appropriate permissions, but as long as it is not an extraordinarily remarkable operation, I think they will leave you alone…
Val
Admin
I am honestly planning to make a farm like different kinds of Mango,i dont know if ia have to get 1st the SLUP. And if its allowed to build a house there like the concrete one.
Author
SLUP is very very expensive and difficult to process and also expensive to maintain, I suggest you just proceed with your farming plans and wait for the DENR ranger to visit you and you try to negotiate with the ranger first. Your house should be cottage shack type – no concrete – so they won’t make a big fuss of it.
Hello Admin,
We have issues in regatds to right of way in a timberland. One steward asked us to pay the right of way going to the owner’s land. Does he have the right to sell the right of way? as we needed to pass through his land to get to the owners land.
Author
There is a payment for the right of way – as how we know it. I suggest you bring this up with your local court – through a lawyer…
his land is also a timberland, isnt that free og passage?
Author
We think the same rules on right of way apply for both timberland and regular land…
Good day Admin,
I just wanna ask if its possible to transfer timberland to agricultural land???
And if not, can we still make a Tax Dec from this timberland??
Hope to receive an answer soon.
Thank you and more powers.
Author
Hi Darah Jean,
Unfortunately, that is the main problem with timberlands (DENR protected lands), you cannot make changes on it’s tax declaration – which means you cannot subdivide it or change the steward name or owner or change it’s classification…
It literally means the government is now the owner of that land but but they still want you to continue paying the taxes to enjoy your steward privileges.
The tax declaration that you have is all that you have – and I suggest you hold on to that document as when things change – then that is proof of your ownership of that land.
Admin.
So meaning to say,the government still owns that land??? Is there also a possibility that the government can get it back??
Author
Yes they can take lands anytime just like when they need to build a road or expand a road, or when they took possession of Parks like Kawasan falls. They offer compensation for roads or road expansions or when they take possession of tourist spots, but not on timber lands.
Author
Yes the government technically owns timberland or protected land. They have imposed ownership on it to better protect it. That is why you cannot dispose of it or make changes to it. They already have possession of timberland or protected land.
Thank you so much!! That helps a lot and clear my mind not to buy timberland.
Thank you for your time and more power!
Good day admin..
May mahigit 13 ha.po na naka deklara sa pangalan ng lolo ko, ito po ay classiied as timberland. Bago namatay ang lolo at lola ko itinuro na sa kanyang mga anak ang kani kanilang mamanahin na pwesto. Dumating ang panahon na gusto na itong hatiin ng maayos ng magkakapatid napa survey ito at nagawan ng sketch plan bawat isa. May ilan po sa.mga anak na hundi sumang ayon sa ganong hatian sapagkat may hawak po silang Certificate of Stewardship Contact. .
Tama po ba ito na ang isang Deklaradong lupa sa isang tao ay maibigay pa sa ibang tao sa pamamgutan CSC?
Paano po kaya ito maayos.
Salamat po sa inyong maitutulong na paliwanag.
Author
You can make a formal complaint to the DENR office who issued these stewardship certificates. Simply bring your documents so that DENR can revoke these certificates…
Hello Admin
Can we put some limestone for a terrain way for the car on the timberland?
Author
When we cleared a pathway for our vehicles driveway in the timberlands of Oslob and cut the plants on it, the rangers did not complain as they continued their occasional visits on that site. They were mainly concerned on the patch of land 900sqm that we planned for a hangar type structure.
Admin
I see.
What did you use for the roadway? Limestone? Asphalt?
Thank you Admin
Author
Loose gravel – 3/4 gravel directly on soil…
Hello Admin,
I have queries to build a resthouse and a pool in a tax declaration ownership approximately 200 square meter.
I have few questions on this matter.
1. Do I have to pay for SLUP?
2. if its gated with cement due to security purposes, Do i have to process an application for SLUP?
3. Can I privately remove the plants along the way? A car need a terrain to drive to the resthouse.
4. Will the ranger or the LGU hunt me for this?
I just want a resthouse with privacy
Thank you for your answers. Much appreciated
Author
1. Yes SLUP have fees and even annual rental fees to the government.
2. You will definitely need the SLUP for permanent structures – the DENR rangers won’t let it pass.
3. You can remove plants if they are not yet trees – otherwise you will need a permit to cut from the barangay.
4. Not the LGU, but the rangers will definitely make a report which will cause you to be called to explain, before they formally cite you for violation. Local government units and DENR are not very close friends – some mayors even have outstanding DENR violations / cases.
Welcome
Admin
Thank you Admin.
How much approximate total cost for everything including SLUP for 100sq meter?
200sq meter? anually?
What is your best advise on this and not costing me with lots of fortune?
Author
The annual rents and fees change annually. I suggest you prepare p200k for 100sqm and 300k for 200sqm for the Special Land Use Permit application. SLUP is not only relatively costly and will also require lots of waiting and leg works…
Admin
Hello Admin
Im planning to use one hectare sa land with tax dec ownership. I understand mag apply og SLUP. plan to use 100square meter lang nga half amakan half concrete na rest house and if di namo i use kay i airbnb. Please ko pa advise. Pila mga gastoon?
Author
I suggest you proceed with the construction without SLUP since Amakan is only a light material. For that kind of size, your SLUP will require ECC (Environmental Compliance Certificate) which may cost p1.2 – 1.5m to prepare by an accreditted DENR consultant.
Or you can apply SLUP for a smaller parcel of your lot only – since if the area you applied for SLUP is less than 900sqm – they will not require you an ECC.
Admin
How much is slup for 900 square meter lot only? approximate cost.
How many days to process?
Author
It will be around p80-110k to write / prepare your SLUP management thesis if below 900sqm…
Admin
Thank you Admin.
How about the expiry of the slup?
Author
It has to be renewed annually, and you also need to pay rent to DENR annually…
So the project you need to be making in a timberland should generate income…
Admin
For Oslob,
How to process the reclarification of the timberland in Oslob?
Step by step process.
Who are the best people to talk to in Oslob?
Author
The best person you need to talk to is the congressman as he/she is the one who can write the law needed to reclassify land(s).
That was the main thing we learned from our experience in handling timberlands.
Not the mayor or DENR can do anything about it, but if your mayor is close to the congressman, perhaps he can help you get an appointment.
Admin
Thank you Admin.
I had been looking at building an agricultural farm. I am the tax dec owner. I wanted to know my rights and advantages. Do I have to do a SLUP form? Can you please explain the things I need to consider?
Hi, admin. Is timberland can have it’s Land Title? Thanks
Author
No the government does not allow titling for timberlands for now…
What you can do is visit your congressman and ask him/her to make a law to re classify your land or your area.
Admin
does it have an Executive Order or any documents or articles for that?
Author
Kindly expound your question.
I’d be glad to help.
Admin
Good day admin.My wife and his brother inherited two parcels of land from thier great grandparents bearing the name in the two separate tax dec.( Note: Original tax dec.classified both as Agric.land)located in a mountainous area in the Cebu in which the smaller parcel in the first tax dec. .7hectars Although bearing trees but uninhabitable due to too sloopy situation but still the denr maintain its classification as Agricultural ,while the bigger parcel 1.5hectars although a hilly portion but bearing more crops and a place where they live with their greatgrand parents before they died a decade ago ..unfortunately they found out just this year that the 1.5hectars where they live until now was already converted or re classified by the denr as TIMBER Land?
Is their a chance or a way for them to be re converted this to Agricultural land?
What is the advantage and the disadvantages if the land is Classified as a Timber or an Agricultural land ?
Thank you very much sir your reply is badly needed, as we have heard the son of a certain mayor are buying neighboring lands but paid only the house and plant for a Quarry purposes ,we have evidence about his Quarry activities..that’s why we are afraid.. THANK YOU VERY MUCH AND MORE POWER!
Author
It is really bad when the government classifies your land as timberland. Not much you can do about it. I suggest you just maximize it and turn plant cash crops as much as you can. If you use timberland for agriculture, the DENR won’t make a fuss of it…
Hi! I just want to ask, if someone/govt entity (like barangay) would apply for a MOUNTAIN QUARRY Permit, is it necessary that it should only be in a private land? What if it falls on a timberland area? What are the steps or process that one should undertake if applied permit is on a timberland? Thank you in advance.
Author
There will be more requirements if on a timberland. You will be required to file for Special Land Use permit and Environmental Certificate Compliance. The SLUP will cost you around p1.25m. The ECC around p2m.
Thank you Admin.
On this one, for tax dec owners. Do we have to pay 1.2M for that?
Author
Yes it is very expensive to pay an accredited professional to prepare / write an ECC (Environmental Certificate Compliance).
Admin
Hi good day po,
May title ang land but its under denr protected area.
Ok lang po ba ito ibenta or bilihin at mag build ng business or bahay?
Author
It is illegal to sell DENR protected lands. Those who sell or buy timberlands have to do it with a lawyer who will prepare documentation for the sale of rights – not of the land itself. Yes you can build or make business in timberlands but you will have to file the arduous and expensive Special Land Use Permit (SLUP).
Hello po, got hectares of land atop a mountain shared by me and my sister. Tax declarations in years classify it as uncultivated agricultural lands. Now DAR is offering as free individual titles but the allocation of lands is changed. My sister and i will have just less than a thousand and classify the rest of our lands as timberland. Can DAR do that classify our land from agricultural to timberland? Is it right even for DAR to allocate us lands just like that. Is it right for DAR to get from us what we already own? Our lands have titles by the way. What can we do to stop DAR from taking what is ours? Thank you for your reply.
Author
The government can anytime take lands that we own, but they usually offer compensation like when they want to use a land for road widening, etc. However since you already have a title – I suggest you consult a lawyer or even file a case in court using the title that you have….
Hi admin, I am asking if the timberland area traverses a DPWH concrete road and bridge project, did the timberland area already reclassify as alienable and disposable land? or it is on process of reclassification even it has already a concrete roads and bridge? Because the last time I check on cadastral map it is a timberland. thank you admin for the reply.
Author
There were no hitches between DENR and DPWH during road construction in timberland areas. All it needs is a simple coordination between the two agencies – exchanging correspondence prior to construction
Author
Hi Aaron,
The government thru DPWH can build road over timberland anytime, especially when it’s the only way around, they don’t need to reclassify it.
Admin
Greetings admin, ask ko po if the timberland area had already a DPWH concrete road project and concrete bridge traversing the timberland area, did they reclassify already the land? Whats the conflict of that government project? Thanks for the reply admin.
Author
Hi Aaron,
The only conflict I see is development crossing over protected area.
Usually the government prioritizes development over land protection, especially when it is the people petitioning for a road to be built in that area.
Admin
Securing a permit from DENR is a must if gustu naming ipa survey yung lot na may marked na timberland?
Or
Anung mga kailangan naming i prepare at kuhanin if magpapa re survey kami sa isang timberland?
Author
The first step in securing permit for timberland – Special Land Use Permit (SLUP) is the survey done by their forest rangers. Simply go to the DENR office that has jurisdiction on your area and request the list of requirements for SLUP and they will guide you accordingly…
hi po.
can a Tax Dec holder in a Classified Timberland allowed to enter into a Contract to a Private Company for a long period like 20 – 30 years? The Company would need 300sq.m to use and will be fenced with concrete. Thank you.
Author
Yes, but this contract will have to be defined in your Special Land Use Permit (SLUP). First you will need to file the SLUP at DENR, and include details of the operations of the project including the private company in your management plan/thesis – which is one of the requirements for the SLUP…
Hi there! The owner died and has 6 living heirs. The tax dec is marked with timberland.
Can this area be rented by small stalls na paninda lang like vegetables then only 1 sibling has approved the installation of the stalls and get the rent from those sellers?
Author
Even if it is timberland (protected) the other heirs (children) still has rights to it just like a regular land. They can still make legal moves with such property…
Hi! My dad has this land that has been “classified” as a timberland by the people living in it. He has the title of the land and other documents. He pays for the taxes monthly. The DENR also said it’s his but now they’re contradicting to what they’re saying. (Though some officers and the higher ups (some are politics) still says that it’s my dad’s) Btw, my grandpa bought it way back then, the titles was transferred to him and now transferred to my Dad. Pls help
Author
IF it is already titled under his name then it is not protected land, If there is new paper work from DENR that has re classified it as timberland – I suggest you bring it to court.
Hi. A government office was built in a timberland but someone who claims that the land was hers wants it demolished. what are the things that we can do to stop it? Does she also have the right to remove the building even if the government allows us to use the land?
Author
If the claimant can obtain a court order to demolish or clear his claimed land, then only another court order can stop such a demolition order…
Hi…admin…good evening ask lang po if the property located at Jaguimit, Naga, Cebu, meron napo kaming approve lot data with description…and approve survey sometime on 1985, is this case can we apply this a title? Thank you…
Author
IF DENR says that part is timberland, then you will be unable to title it, even if you have a survey… You will have to have it checked by DENR first…
Hi po. Good morning. Tanong lang po, kapag po ba timberland ang area then we applied Forest land agreement may violation po ba sa DENR kapag nagbayad ng rent sa occupant/claimant ng area? Thank you
Author
I don’t think so since that is your internal agreement with the claimant. But there will be a violation if you do not pay the rent to DENR set upon by your SPECIAL LAND USE PERMIT.
Hi admin what would be the process if a government agency particularly a Municipality will construct a hospital in a land classified as timberland. May we know what permits do we need to secure, the requirements, and the maximum area allowed we are planning to have as much as possible 5 hectares for the development of the area to extend the delivery of basic service for far-flung barangays.
Thank you so much.
Author
Even if you are from the LGU you will still need to file “Special Land Use Permit” at the DENR/PENRO/CENRO that has jurisdiction over your area… It starts with mapping where your local environmental office will send rangers to map out the land… Then other requirements will be listed in the checklist of requirements — Your long journey begins… Since you are from the government – your local DENR/CENRO/PENRO will certainly make it easy on you…
Good evening, I would like to ask if a timberland can be given a lot number to a certain occupant sir?
Author
Unfortunately you cannot subdivide or make changes the lot plan of a timberland. Because of it “protected” status – no changes can be made to it. You can hire a geodetic engineer to map it or subdivide it on paper – but that paper or plan will not be processed by the registry of deeds for titling…
Hi there! The lot is marked with timberland in the tax dec and the property owner died already then he had 5 children (living heirs).
What if one of the children has the copy of the tax dec and he will sell th e rights without the knowledge of the other siblings, is it possible?
If possible, what advice can you give towards the other siblings, especially if yung ibang kapatid ay walang pinag aralan?
Salamat
Author
Yes that can happen and has happened several times – even the one we are handling down south was sold by one of the grandchildren without securing permission from the other heirs… Unscrupulous sellers can do this by forging the signatures of the other heirs… My advice for you is to watch your land or hire a caretaker.
Right now may pinatitira na po syang mga tao doon..building temporary stalls para mag tinda. What first step must we do? Since it can’t be subdivided..
Author
The first step you need to do is to file a complaint in the baranggay level. If she wont show up, then you move up to court and get a lawyer…
Hi Sir! do we need permits if we build a greenhouse in timberland?
Author
A green house as long as it does not have concrete is considered a temporary structure – so the DENR forest ranger should not make a fuss of it. If he happens to pass by – make him a friend…
Concerning Timberland:
(Im aiming at trying to add some forest jobs in a very poo municipaly but its hard to get compleete info from DENR.)
1. First said CANT get cut permit although is called TIMBERland. !!!
Second said only possible if change to Steward or SIFMA.
Noine for just Timberland??? Which alternatives are possible?
2. Steward. They told so CRAZY high fees., so unceertain if there will be any earning at all!!!” Correct?
Havent got any info about fees for Timberlland and SIFMA. Whats the fees? If as Steward, then poor cant afford to have it…
Author
SIFMA or stewardship is no longer available – it is now SLUP – Special Land Use Permit. Yes this permit is not cut and dry and involves a lot of hoops and jumps. You will have to work closely with the DENR personnel involved in approving the SAPA since the permit will eventually come through them. You will need a consultant and a technical consultant that can work with you in this project. Yes the fees are really high. Let me know if you need help. We can process SLUP for you. Email us at finefinishcebu@gmail.com
Good day po may itatanung lang po ako bali po may nagbibinta ng lupa ditu sa amin kasu ang problema po tax declaration lng ang hawak nya at nkapangalan pa sa kanyang ina at itu po ay isang timberland ok lng po bang bumili kahit ilang sqm lng nitu?? At wala po bang problema kung magpapatayu po ako ng bahay sa lupang itu kahit timberland at tax dec lng ang meron anu po requirements kung magpatayu po ng bahay na concrete at pwd po ba maitransfer sa pangalan ko ang nabili kong lote kahit tax dec lng at timberland sya salamat
Author
It is so difficult and so costly to get DENR Permit to build in a timberland. You will have to settle for a shack type cottage type house so as not to attract DENR rangers attention. If you build concrete – DENR can issue a violation against you. Timberland cannot be titled – that is why they only have tax declaration. People are tempted to buy timberland because they’re usually low priced…
May violation po ba ang nagbinta ng timberland hindi nkapangalan sa kanila dahil itu ay pag nkapangalan pa ng kanilang magulang..paanu po yung mga nkabili ng slice parts ng lupa pwd ba nila mtransfer ang pngalan ng tax dec sa name nila o sa kanilang nabili….paanu po yun diba bawal ibinta ang timberland paanu po yung nkabili
Author
Yes it is illegal to sell timberland and the DENR can file a case against those who sell timberland. You also cannot transfer or change the named steward in the tax declaration for timberlands. Usually the buyer will only find out later that timberland is difficult when she tries to process title or transfer….
Hi admin,
I have a stewardship certificate and was due for renewal 2 years ago. I applied for renewal a year before the expiration. I submitted the original.until now I’m still waiting because she couldn’t find my papers . Please give me advice what to do. Thank you.
Hi admin,
I have a stewardship certificate and was due for renewal 2 years ago. I applied for renewal a year before the expiration. I submitted the original.until now I’m still waiting because she couldn’t find my papers . Please give me advice what to do. Thank you.
Author
Hi Ofelia,
Having a stewardship certificate means you are one of the lucky few, but you do need to have it renewed…
I suggest you go up higher on that person who can’t find your papers, so that their department will have a system of organized record keeping so they can better service their constituents…
Admin
Good evening, I would like to ask if we can build a coffee shop.or a small milktea station in a timberland? What are the permits we need to acquire? How much does it cost?
Author
It is very expensive to build in a timberland as aside from the municipal or city building permit requirements, you will first need to get a special land use permit at DENR office where your municipality belongs… The special land use permit starts with a DENR recommended consultant who will write your management plan which will cost p80k 3 years ago… There are other fees you need to pay at DENR… The special land use permit could take almost a year if you follow their procedures and submit all their requirements… Once you have the special land use permit, then you need to go to your municipality to file a building permit which will have its own costs. The bulk of the costs will be on the transportation back and forth the DENR and related agencies where you need to gather the requirements… Some clever entrepreneurs have found a way around it – that is by constructing temporary non restricted lumber materials such as bamboo, nipa, coco, and amakan. If your structure looks temporary, not concrete or fine lumber, the DENR roving rangers might not take particular interest in your business…
Hi, is it true that DENR released an administrative order wherein all SLUPs are given the privilege to be converted automatically to a FLag? This was tipped to us by someone from the DENR PENRO Rizal. Thank you.
Author
That interesting… When was that administrative order issued? Maybe you can send us a photo of that order – finefinishcebu@gmail.com
Admin
I would.like.to ask regarding to the timberland which is being use by some farmers.to pass the occupiers says the well block the way can they have the right not to give the Right of way is it legal in their part not to give the Right of way?
Author
Right of way is called such because it is a right to have way… I suggest you file complaint in the barangay level first, and bring it up to court if they still deny right of way…
Hello admin, I want ask for my friend he bought 4hctrs of Timberland and developed with 9 villas for tourism purpose, already applied for SAPA. What will be the status because they asked me to pay a huge amount yearly and a penalty. Is this really in the law? Thank you
Author
Unfortunately yes that is the law – that if it is a timberland even with T flag – tourist use, even if already SAPA, you need to pay hefty annual rent and penalties with DENR — hopefully you can still make some profit…
Gd am sir/mam, we have more than 100 hec. as Timberland here, and some people was distructing us by form of mining. The PENRO, has no comment about that
Author
I suggest you make a formal complaint to PENRO. If they still don’t provide assistance, I suggest you write to the Regional office, then just keep going higher if you still don’t get help from the regional – file a complaint at the national level…
Greetings!
Requesting for your kind information if SAPA or SLUP is required on protected areas developed for Learning Site for Agriculture under the program of the Department of Agriculture Agricultural Training Institute with Certified Training Program Regulation from TESDA Technical Vocational Education Training TVET on Organic Agriculture Production NCII where the area development is intended for Agricultural Learning Site & Demonstration for free/scholars on OAP NCII, intended for returning OFWs, Displaced Workers, Out of school youth, farmers, fishermen, PWDs, students OJT for Senior High School Students & for training and livelihood program for the communities, and promotion for agritourism.
Can we request for special use exemption?
Appreciate for your assistance & information. Thank you.
Author
Yes if it is DENR you will still need to file the Special Land Use permit with them even if you are also from the government. And DENR will definitely make it easy for you since you are from the government also. My cousin who is from the Building Official’s office in Poro Camotes has to travel regularly to DENR Region 7 to file those special permits whenever they need to use a portion of some coastal land that are DENR protected…
We have a lot in Oslob 3,000 Sq.Mtrs. The Classification in the Tax Declaration is Timberland/2nd Class Coco. But beside Classification Column is written for Agricultural Use. What is the implication for this? We siblings (5) are planning to sell this as 3 of my brother and sisters are already residing in Mindanao. I learned from previous comments and your reply, that we can sell the Lot only by selling the Right. Please advice what does Tax Declaration is Timberland/2nd Class Coco mean? Thanks for taking time on my comment. God Bless
Author
Timberland second class coco means it is ideal for coco plantation and is highly recommended that you plant coco. Technically you cannot sell timberland but you can sell the rights to it. When you have a buyer, simply have a lawyer arrange documents such as deed of sale and acknowledgment receipt of payment for the sale of your rights that land. Its simple and easy – most lawyers can do it…
Hi, can a FLAgT be converted to or be titled?
Author
Flag T is a temporary permit usually 25 years to use timberland for tourism. So it is still a timberland… You will have to wait or lobby in congress to have it converted to regular land.
Gd day po, kung ang Timberland area po ba ay na I award ng Agrarian at my CLOA na, pero hangang ngaun ay Timberland p rin ang classification, pwede n po ba ito ibinta, tnx po and God Bless.
Author
First, you need to have it reclassified – thru your congressman – to alienable disposable land. Your congressman will first need to pass a law in congress to re classify timberland to regular land as Timberland could not be sold, and It is illegal for timberland to be sold. Besides you cannot transfer ownership of timberland since you cannot make changes to the tax declaration of timberland…
Hello, just want to let you know that your blog is very helpful. I just tried to search about timberland since a friend of mine said that there’s a lot for sale in their area at a cheaper cost and she said it’s a timberland lot.. Thank you very much for initiating this blog. I’m from Sogod, Southern Leyte by the way.
Author
Yes be wary about timberlands – yes they are cheap, but also usually remote, but it can be useful especially for farming use, but you will spend a lot on acquiring the special land use permit for DENR protected lands…
Admin
hi.. may ask..? my grandpa owns a timberland with tax declaration as proof of his ownership and now since my grandpa passed away. his children decided to sell the land.. is it possible for them to subdivide the property and sell their portion of the land? or is it possible to have another tax declaration for every portion of the land. after subdividing it? and if yes, why and how? thanks and regards. God bless.
Author
Since timberland is government protected thru DENR, you cannot make changes with it such as transfer of ownership or to subdivide it. When the forest protection laws were enacted three decades ago – there is a kind of freeze on such lands as timberland – you cannot make any changes to it — but the government will still require you to pay the taxes of it…
Hi, student here! I would like to ask if it’s true that Timberland can be resided by Indigenous People since they are the natural protectors of these areas? There’s a case here in our town that some IP’s are being forced and threaten by unknown individuals wearing black bonets and black shirts and pants to give up their land which is known as timberland, the reason of these individuals of forcing them to leave their homes is that the land that IPs are using has been already sold to a private company and said that they will build a resort in that area. How should this be solved? What are the steps to follow? I would really appreciate it a lot if you reply ASAP, it will be a big help to my school project. May you have a blessed day!
Author
It is the indigenous people who are priority for timberland use. Timberland owners or buyers usually only have tax declaration and they cannot use such timberland if there are indigenous people in the area. Before they can use it, they have to seek additional permit at the commission on indigenous peoples…
Hi, student here! I would like to ask if it’s true that Timberland can be resided by Indigenous People since they are the natural protectors of these areas? There’s a case here in our town that some IP’s are being forced and threaten by unknown individuals wearing black bonets and black shirts and pants to give up their land which is known as timberland, the reason of these individuals of forcing them to leave their homes is that the land that IPs are using has been already sold to a private company and said that they will build a resort in that area. How should this be solved? What are the steps to follow?
It will be a big help to my school project and I will appreciate it a lot if you reply ASAP. Thank you! May you guys have a blessed day!
Author
It is the indigenous people who are priority for timberland use. Timberland owners or buyers usually only have tax declaration and they cannot use such timberland if there are indigenous people in the area. Before they can use it, they have to seek additional permit at the commission on indigenous people.
You need to seek police assistance thru DENR….
can do poultry and pig farm in timberland?
Author
Yes there is a piggery business owner in Cansaloay Oslob who was able to get a Special Land Use Permit thru the help of a retired DENR officer in CENRO Argao who helped him prepare his paperworks. You can visit CENRO Argao and ask for the contact info of Mr. Manning Juanito Pua who now works full time as a free lance private consultant for timberlands…
I saw from one of your comments that a certain Mr Manning Juanito Pua is a free lance private consultant for timberlands, I have some inquiries regarding timberland as I am planning to buy 5 hectares of timberland and I want to consult him, can you please give me any info on how to contact him?
Also please tell me what are the possibilities (future) of a timberland bought from somebody with a claimant certificate issued by DENR?
Author
The future for timberlands is dim – thus the article – to help people become aware of this problem.
We should not be buying timberlands unless if we are ready to face years and years of improbability that it will ever be converted to regular land.
When a land is declared as protected by DENR – they won’t even recognize your tax declaration as proof of ownership, but your LGU is still happy to accept your annual realty tax even if DENR do not recognize those tax declarations.
Timberland technically means it is owned by the government. However, when it becomes converted to regular land in maybe 50 or 100 years, then that tax declaration you are holding becomes useful again as legal proof of ownership…
Admin
Hi, we have a tax declaration on a Timberland and we are paying taxes for more than 10 years and every year we paid taxes, the tax dec number and lot number was written on the receipts. Just this year 2021 when we went to the municipality to pay for our annual taxes they said that there is no record in one of of our 2 claimed properties and that they can not compute our taxes in one of them. Tax assessors office also said that it was just a mistake that they put the lot number in our previous receipts. One of our lot they put the lot # but the tax dec # on the receipt was different than the previous years tax dec #. Is it possible that a tax declaration number changed without any notice to the holder? Please advice what should, assessors office said we can not file a tax dec on a Timberland which in fact is a big lie. There is a lot going on in our barangay and I wana make sure that our claimed lot is secure. Can you please give me a referral to a good Real Estate attorney that is will verse in this kind of situation. Thank you very much! God Bless and more power!
Author
People have been paying taxes for a tax declaration of timberland areas. The government always welcome real estate revenue. There is a lawyer having office on the second floor of the 711 at the center of Argao. Unfortunately I forgot his name. You can also contact a retired DENR officer who now works full time as consultant of timberland concerns his number is 09434425436 – if that number is now incorrect – you may visit CENRO Argao as he used to work there and the DENR personnel always recommend him for timberland concerns assistance…
Hi. Under the Timberland conversion of Timberland to Alienable and Disposable landl what are the steps one must do to be the priority applicant for ownership being the direct adjacent lot to a Timberland that is beyond the 20 meter high tide measurement (fioreshore)? Is this possible? Thank you!
Author
You need to lobby it out thru your congressman as they are the one’s who makes the law that can change the classification of lands…
Also, the IPRA law states that land rights granted before IPRA should be honored. We want to apply for a land title but the laws they implement are conflicting.
Author
A court of law needs to rule it out that you should be honored as stated by the IPRA law.
Hi, my family was awarded a certificate of stewardship for a land that was tilled by my grandfather but that said land was declared as part of an ancestral domain. My grandfather tilled the land first before it was declared as an ancestral domain and we’ve also been paying the tax for the land ever since.
Also, the IPRA law states that land rights granted before IPRA should be honored. We want to apply for a land title but the laws they implement are conflicting.
Author
It is difficult to fight for lands declared by government as ancestral domain.
GREETING!
How do I know if the Timberland is ready for classified A&D?
How to apply and how long its takes the processing?
Author
They won’t text or call you when your lot is ready to be Alienable and Disposable land.
You will just have to keep checking back and forth at DENR or with your DENR contacts.
Can a timberland be classified as a Tourism Zone Developement area?
Author
Yes after you are given the Special Land Use Permit by DENR, you can then process the specific use as a tourism zone… Depending on the size of the land, they will usually require an Environmental Compliance Certificate.
Good evening, I have a friend from El Nido. He own a beach lot which was declared A&D by DENR in 1998. However DENR revoked it back to Timberland in early 2000s. Is there any chance to revert it back to A&D again if he hire good lawyer?
Thanks in advance.
Author
Aside from good lawyers – he will have better chances if he can bond with all the others affected to make a class suit and if they could get support from a congressman.
Greetings, will it be possible to apply for a. Stewardship contract agreement to the denr for stewardship contract of my friend that Expired already in the same location of timberlandroperty? My friend surrendered already all his documents that he is no longer interested to renew due to financial reason
Can I apply for the same. Area? .
Author
To be able to assume rights on the tax declaration of such land, simply make your friend surrender the tax declaration of such land thru a legal document thru a lawyer. The DENR will primarily require the tax declaration.The stewardship was based on the tax declaration.
Admin
Can i build a house under the temberland area
Author
They won’t allow structures within timberland, but since they also did not order demolition on existing homes of the locals usually made of wood and light materials, then as per experience, they also did not order demolition on new cottages or sheds made of light materials.
Can we change the title name even if it is under timberland?
Author
Timberland / DENR protected lands are non alienable / cannot be bought or sold thus could not be transferred to another name / new owner. Only the rights (tax Dec) can be sold or bought, but the entry / rights holder cannot be changed, until that land is re classified as alienable / regular land.
Author
Hi Gelaiza,
No changes can be made on timberland documentations.
But you can have annotations made on that document through your assessor, but you will have to file the annotations through a lawyer.
Admin
Can we change the title name even if it is under timberland?
Author
Hi Gelaiza,
Annotations on timberland documentation can be made at your assessor office, they will usually require you to request such annotation through a legal affidavit if they can ascertain you have rights on that land.
I suggest you lobby through your congressman to have your lot converted to regular land through a congressional bill – though it sounds astronomical, but this can be done — this is how the rich kids in our society grab lands.
So we all heard how this or that politician or influential person have “grabbed” lands from ordinary people who cannot fight back, or have not fought back. Yes they cannot fight back because the way it is done is through a legal process through lobbying, and yes this could get costly. How they do it, is they find or identify a favorable land in the mountains or coastal areas that are protected by DENR, then since nobody legally or technically owns it except the government, the rich kid goes through the long process of lobbying for this land. He starts through public consultations through the baranggay level, Mayor level, then all the way to the congressman in that area. He shows good intent to use the land and through public consultations legally establishes his good intent on that land, and when he reaches the congressman and is able to show good intent on that land, the friendly congressman can then file a bill to have such land(s) converted to regular land to that person who started and financed the lobbying. This is made easier on protected lands whose tax declaration holder has already died, or lost his document, or has stopped paying the taxes. If you stop paying the taxes on your land, then you have opened your land to legal land grabbing.
If you need assistance in converting your land to regular alienable disposable land, email us at finefinishcebu@gmail.com
Admin
Good day! Can a rural bank sell a land which was recently certified by the CENRO as TIMBERLAND? The subject land was issued a tax dec by the Assessor’s Office on the basis of an “approved plan” which was later found to be spuriously misclassified by DENR people concerned. Can we demand a refund of our money from the bank? Can the rural bank be held criminally liable for insisting to sell to the public the land despite due notice from CENRO that it is a TIMBERLAND? Thank you for your valued reply.
Author
More often than not, the one selling the timberland, does not know it is timberland – probably bought it also from someone… Technically, yes you can sue those selling timberlands – and they can be civilly liable…
Gd day po tanong q lang po kung ang Timberland po ba ay pweding mai award ng isang claimant at ng Agrarian, nagkaroon ng CLOA ang mga benificiary, subalit hangang ngaun po Timberland p rin ang classification nito
Author
Only a law passed thru congress can change classification of timberland…
Very informative.
Is it safe to buy timberland with tax dec land? What documents should i get or process to make my buying of the timberland with tax declaration safe and secure?
Thank you
Author
Timberland cannot be sold as it is non alienable and is technically government owned. However a timberland rights holder – or tax Dec owner can sell that rights to another thru a waiver of rights thru a lawyer – and the lawyer will make an acknowledgment receipt for the payment – technically completing the sale of that rights. Thus you will now be the new owner of that rights / tax declaration, but you will never be able to change the name on that tax declaration until the land is changed from timberland to regular alienable land thru Congress.
☺️Thank you sir.
Good day sir admin, what are the step by step procedure/requirements to apply a CERTIFICATION OF TREES PLANTATION OWNERSHIP (CTPO) for mahogany trees whicj is located in timberland with approve plan to apply for a land title… tnxss god bless
Can timberland lot with tax declaration be transferred to his/her successor (surviving legal heirs) by paying estate tax to have CAR from BIR?? As reguired by Assessor’s office.
Author
Since tax dec on timberland could not be converted to title or transferred until such timberland is converted to alienable lot / regular land, then you cannot change any part of your tax dec. But, through your lawyer, you can transfer stewardship or rights of such tax dec on a parcel of land – timberland, through a legal document.
DENR do not recognize or honor any tax dec as technically DENR or the government owns such timberlands / protected lands. But your tax dec is your legal proof / claim that you have the rights to such a land. Some tax declarations even pre date some DENR or government protection on some timberlands – that means some timberland rights holder already have rights to some timberlands before the DENR or the forest laws were even established (1987), some even older than the Forestry Reform Code PD 705 (1975).
Author
Hi Joel,
It is not possible to make changes on a timberland documentation.
I think the assessor advised you in error on this.
A timberland documentation such as a tax declaration is like a frozen document, no changes can be made to it, until it is converted to regular land.
Email us at finefnishcebu@gmail.com if you need assistance in converting timberland to regular land. This can be done through the congressman in your area in a long process called lobbying – we can assist you on this…
Admin
Can timberland lot with tax declaration be transferred to his/her successor (surviving legal heirs) by paying estate tax to have CAR from BIR?? As reguired by Assessor’s office.
Author
Hi Joel,
Timberland can be passed on to legal heirs, but without changing the documentations. You just keep on paying the taxes for this land and make sure to indicate your name as the one paying for this land, and make sure also you are a legal heir.
If you need assistance in converting this land through lobbying, email us at finefinishcebu@gmail.com
Admin
If the timberland lot (DENR protected) already being occupied for 50 years under SAPA, can occupant or his kids still renew it? or 50 years is the maximum? after that maximum time frame, DENR will then take over the building on the lot & expel the occupants? Thanks in advance
Author
You should check the stipulations in your SAPA agreement.
Unless when the government wants to use the property, it will always allow extension by the heir as a means to earn income from your enterprise…
We apply for a homemade application and final proof been issued but unfortunately we ended up knowing that the land we applied is timberland. We pay the tax declaration amounting to more than 200k. What is our chances of owning that land? It is a shoreline area.
Author
You will have to wait for Congress or DENR to re classify that area as alienable and disposable…
Admin
What if the timberland to be leased exceeds 1,000 square meters? How to go about the application
Author
For more than 900sqm area, you will need an additional requirement which is the ECC (Environmental Certificate Compliance) which is a more expensive and more complex requirement to process…
hello, we’ve been residing in our area since 1957 and we are paying our tax also since that year. Inside our area was a school site which is still included in the tax we are paying. Now the barangay wanted to give the area of 2 has to the Deped which is within our area for the reason that it is under timberland and according to them they can get it anytime because it is government property. Could this be possible? Our only proof of ownership is the tax declaration and the area has rubber plantation and fruit bearing plants and it is where we reside. We are willing to give only .8 has but not 2 has but they want the 2 has.
Author
I suggest you get a lawyer with experience in DENR legal battles. There’s one such lawyer with office on top Argao 711 building.
hello, may i know who to contact in argao 711 building? email address or contact number? please
Author
will send it to you soon, when we pass by Argao…
It the lot classified as timberland zone, can the government build an access road without the consent of the lot owner?
Author
Unfortunately, yes they can… Technically it like they now own it, and you still pay the tax due on your tax dec as steward. But you can plant on it. And when you build a structure, you need another special permit…
who will classify that the land can be now alienable or disposable from being a timberland
Author
The mayor, party list, or other valid institutions can submit a development plan to your congressman justifying the need to re classify lands. The land is converted to regular alienable / disposable when a law to re classify such lands is approved in Congress.
Good day. I just want to ask for anyone who can explain the following documents:
History:
-Boracay Island underwent closure period and all of the documents (especially land) were re-evaluated.
-We sent the requirements for land verification such as land tax declarations and sketch plans. Then, we were classified as FORESTLAND.
**The reason behind that classification was we had a right of way (in which the government insist that it is a public road, hence the easement) which was our private right of way because it won’t exist if none of us gave portion of the land to be our path walk.
Here is the problem:
1) DENR made us sign an AFFIDAVIT OF UNDERTAKING, if not we will not be allowed to re-open (we have an existing business in that particular land).
2) BIDA (which is an inter-agency created by the government for Boracay) will implement the mandates in the near future.
Questions:
1) Is there a chance that the government can take our land even if we paid the taxes for more than 30 years?
Note: Boracay has no patent for land titling yet for residential areas.
2) If yes, what can we do about it?
Thank you and God Bless.
Author
Once the government declares an area as protected – especially in the case of Boracay as you mentioned that there are no patents for titling yet – it means that area is not a residential zone – could be farmland zone or DENR protected zone – basically the government through its implementing agency DENR have total control of that land and they have laws to back them up… Yes they can basically take over control of a land classified as DENR protected area, and if you can secure special permit to acquire tenure or limited use that land they will even require you to pay rent… But, hold on to your tax declaration because you will need that to title that lot once the classification of that land is changed in the future… Your tax declaration is also your only best proof of rights of stewardship over that land… You will have to wait for a congressman who might someday lobby for that area to change its classification – thru a law – in congress… If in case you ran into legal conflict with the DENR over that land, I suggest you get a lawyer with deep experience in fighting it out with DENR, but as always – when fighting against government – it will be long and difficult…
May I ask what will happen to your building and lot after the SLUP’s 25 + 25 years reached? government will own it?
Author
If a lot is DENR protected, it technically means it is owned by the government – that’s why you cannot technically sell it… You have the option to renew your tenure after your term… That’s why you pay rent to DENR because the government technically owns it…
thanks for your reply. If the timberland lot (DENR protected) already being occupied for 50 years, can occupant or his kids still renew it? or 50 years is the maximum? after that maximum time frame, DENR will then take over the building on the lot? Thanks again.
Are there any exemptions if it is a government project?
Author
Yes, if government wants to make it happen, they can and will make it happen, until someone starts a petition campaign and get support from another powerful politician or NGO…
Can the government build on lands classified as timberland? For example, the DPWH wants to implement a project which would affect timberland, is that possible? And what are the requirements for the DPWH to do so? Thank you!
Author
Unfortunately yes the government can. We’ve seen it before. Roads cut through forests, homes demolished to make way for progress.
If it is a DPWH priority project DENR can issue an Administrative order to make way for such project.
Here’s one such order – https://drive.google.com/file/d/1TDFvuimmt8oielDNBoH1RkqclTYVtTJW/view
Val
Admin
Does DPWH need to secure SLUP before it implements its project which would affect Timberland areas?
Author
Yes they still need the special permit but only for new road tracks – not for existing rough roads. All new roads will need to pass thru DENR scrutiny even if it is by another government agency.
We can process a timberland property into a title?….
Author
No you cannot process title for timberland. You will first need to lobby with your congressman to have that land converted to alienable disposable land or regular land.
Admin
Hi,
I am planning to relocate at a timberland area in cebu city to start a sustainable living. Can I ask DENR for a stewardship on one of their uncultivated land? Was thinking of doing farming activities for basic crops. Is there such program?
Author
They have such program under the Forest Management Bureau but one major requirement is that you have to be the actual tiller of the land or rights holder before the DENR declared such area as protected… See here https://forestry.denr.gov.ph/index.php/fmb-product-and-services/certificate-of-stewardship
So, what you can do is buy the rights of such protected land first. Protected lands are usually cheap because of their being in remote areas. Technically you can’t buy protected areas, but you can buy the tax declaration (rights), and you have to be Filipino, otherwise buy it through your local spouse or fiancee or legal partner.
Val
My wife purchased in 2014 a 6500m2 parcel of vacant land with a Tax Declaration showing a classification of Agricultural. This year (2020) she was made an offer on the land and decided to sell. Upon investigation with the DENR the purchasers were advised that the land is not Agricultural as per the Tax Declaration but TIMBERLAND and are no longer interested in buying the vacant block.
About 4 years ago she applied and was granted a building permit for a home from the municipality but in the end did not build the home.
From the information in your article above it would appear that before a building permit is granted a SULP is required, that Timberland can not be sold and i assume the Tax Declarations should not be issued on land classified as Timberland. Is this correct?
What is the difference between Timberland within and outside the DENR protected timberland map?
Would it be fair to say that because Timberland can not be sold it therefore has No Value?
Author
Probably the tax dec was issued before the DENR got active in their forest protection policies. June 10, 1987 The Forest Management Bureau (FMB) was created. June 30, 1990
The Master Plan for Forestry Development was prepared. July 19, 1995 Community-based Forest Management was adopted as the National Strategy. https://forestry.denr.gov.ph/index.php/about-fmb/historical-background . The municipality can issue tax dec on timber lands. There was also a time when municipalities issue tax dec without consulting DENR. Just recently DENR now has a table inside the assessor’s office in every municipality. Municipalities also issue building permit without checking with DENR or the Zoning department (MPDC) don’t have an updated zone map. Timberland cannot be sold as per law, but the rights to it can be sold. Your tac dec means you have the right to steward a timberland and you can sell that right. Hold on to your tax dec – a lawmaker might soon file a petition to convert that area into a non timberland. Together with some residents, you can even right a signature campaign to convert your land to non timberland via your congressman. Some timberland areas are classified for NFP National Forestation Program by DENR and it is not possible to build any structure in NFP areas. If your timberland is non NFP then you can build structure in it after securing SLUP Special Land Use Permit. The SLUP will outline things you need to do as a steward of that timberland. You will be paying DENR rent during the entire duration of your SLUP. It certainly has value since you can grow crops on it, or even sell the rights to it.
Thank you for your reply. Given that there is already a building permit issued on the land (without a SLUP being granted) can we use the permit and build on the land? The permit was issued about 4 years ago.
Given foreigners can not own land in the Philippines but can lease land for 25 years with a 25 year option, is it possible to lease Timberland to a foreigner?
Author
The DENR is higher than the municipal mayor. Some mayors have pending cases filed by DENR. Some have notice of violations still outstanding. Even with your building permit, the DENR can still issue notice of violation or issue cease order if you don’t have the SLUP. First, get your SLUP, then get your building permit. Building permits are only good for 1 year some items in the building permit such as fire clearance, in some municipalities, are only good for 6 months – which means you have to build within 1 year or 6 months depending on your location. For you to be able to lease timberland, you will first secure legal tenure (thru the SLUP) from DENR since they practically own all timberland in the Philippines. After the forest management policy was adopted, all tax declarations have been downgraded as a mere certificate of rights to stewardship of that land.
Again thanks for the great information!
I understand that land use can be reclassified. You mention above that Congress can do this. What other ways can Timberland be reclassified?
If a court can do this, that level of court could make this ruling?
In the first part of your article you state that an SLUP is required if the area you’re trying to use or develop is below 1,000 square meters. What about land above 1000m2?
Author
Sorry I meant an SLUP is still needed for larger areas, but you don’t need an ECC (Environmental Certificate Compliance) for areas below 1000sqm. Its whole new ball game in the ECC level – it is so expensive to have a DENR consultant write an ECC – it will cost anywhere between p500k-1M to write an ECC. You need a law to re classify land, thus the congressman. Once it is made into a law, then the courts.
1. We are in the process of applying for SLUP with the DENR, and 1 one the requirements is a favorable endorsement by the LGU concerned right? However, the LGU does not want to give a favorable endorsement in our favor despite the favorable endorsement by CENRO. What could be our best recourse?
2. Our plant was erected way back in 1990s without knowing that 9000 sqm. of the plant encroaches upon a forest reserve. Without (pending) SLUP, what could be the consequences?
Thank you so much!
Author
You will have to negotiate with the LGU. Without the LGU approval – you simply cannot move forward to DENR. You will need to find a way to get their endorsement. Maybe show them the value or economic benefits your business can provide to the locals or to the municipal economy, have a heart to heart talk with the mayor and the councilors, show sincerity… The key to municipal or LGU endorsement is community impact. Show that your business is a benefit to them, not a loss or disadvantage… Without the SLUP (which requires LGU endorsement), the DENR can issue a notice of violation – which means a hefty fine, or worse they can issue an order to close the business…
Thank you so much! Highly appreciated! 🙂
Thank you for the response. Highly appreciated! 🙂
Hi. Do you know the computation for the annual rent? And do you have to prepay the whole duration of the permit (3year)?
Author
The computation depends on whats in your comprehensive management plan (area size of the land you applied for) – that thesis that you need to write for DENR. They have consultants with experience in preparing that paper.
What we know is you pre pay annually….
Hi, I just applied for SLUP recently and submitted all the requirements needed. Am just waiting for their approval or SLUP permit. My question is, once the SLUP is approved, do I still need to obtain a building permit from the municipality where the timberland is located or the SLUP will suffice?
Author
Yes you will still need the building permit.
The SLUP is for the tenure of the land – for the DENR / Your authorization to use this piece of timberland.
The building permit is for the municipality. The municipality wants to make sure your structure follows the Philippine building code.
Timberland can be sell to other person?
Author
It is illegal to sell timberland in the Philippines especially if it is declared DENR protected…
But enterprising agents still sell the rights to steward timberlands, but you will need to secure special land use permit at DENR to be able to build anything on timberland.
Val
When building a house situated in timberland areas, would it still be needed to secure a permit from DENR?
Author
Yes, if the lot is within the DENR protected timberland map.
Greetings,
I am asking what permit issued by the DENR of a person wants to occupy develop a portion with in the river area both side of the river bounded by A and D classification.
Author
that would be a SAPA – Special Use Agreement in Protected Areas.
hi sir magandang araw po. Pwede ba mka own ang private individual sa timberland..pwede ba niya ma aplayan ng titulo ang timberland na lupa ng govt..dahil kapitbahay namin pinag deal na kasi niya lupa ng govt..at ang mga tao na nakatira ay palalayasin kung hindi mag rent .kahit isang puno wala siyang itinanim.puro mga puno ng govt..inangkin..sana po matulungan niyo kami.kung anong proseso at anong opisina ang pupuntahan namin..godbless po.
Hi Admin, ask ko lang po. Ano po dapat gawin dito po kami sa forestland sa Boracay. Nakatayo and running na ung bed and breakfast nuong 2004 w tax declaration and building permit, occupancy permit and CNC from denr nuong 2005 and mayors permit etc. Naging forestland lang ung area nung May 22 2006. And binigyan kami ng notice to vacate despite our proper documentation. Ano po ang dapat gawin.
Author
Hi Carol,
Unfortunately, due to the forest land law, some regular lands with existing businesses have to be revoked.
This is a very unfortunate situation.
You can try consulting a lawyer to see what compensations you should be receiving from the government.
Admin
Good day Sir! As a background, I’m planning to buy a timberland in Morong, Bataan. It’s a 1000sqmtrs. May questions here is, are this documents enough to secure my ownership?
1. Dead of Sale
2. Waiver of Rights
3. Affidavit of disinterested person
4. Occupancy Certificate from Barangay
5. Acknowledgement receipt of payment
6. Tax declaration from Morong Municipality
7. Certificate of Stewardship from DENR Morong Bataan
Please enlighten Sir Admin. Thanks
Author
Yes you have more than enough to secure your rights (stewardship) to the property, but not the ownership since timberland is technically owned by the government. When this property is changed to regular land – it will be easy for you to process the ownership (transfer) since you have the complete list of documents…