LAND GOVERNANCE ASSESSMENT FRAMEWORK IN THE PHILIPPINES THEMATIC AREA 1. LEGAL AND INSTITUTIONAL FRAMEWORK

LAND GOVERNANCE ASSESSMENT FRAMEWORK IN THE PHILIPPINES THEMATIC AREA 1. LEGAL AND INSTITUTIONAL FRAMEWORK June 2013

Theme 1: Legal and Institutional Framework Indicators LGI-1: Recognition of rights LGI-2: Enforcement of rights LGI-3: Mechanism for recognition of rights LGI-4: Restriction on rights LGI-5: Clarity of institutional mandates LGI-6: Equity and nondiscrimination Dimensions Rural tenure rights Urban tenure rights Rural group rights Urban group rights Opportunities for individualism Communal land records Individual property registration in rural areas Individual property registration in urban areas Women s rights formalized Condominium common property Compensation with use change Non-documentary evidence Recognition of possession Formal registration fees affordable Registration without informal fees Urban formalization feasible Possession recognized Institutional roles separated Overlap (horizontal) Overlap (vertical) Information sharing Restriction in urban land Restrictions in rural land Clear land policy Policy includes equity goals Policy based on cost/benefit Policy implementation monitored

LG1-1 Recognition of a continuum of rights This indicator assesses the extent to which the existing range of rights is recognized by the law.

LGI 1, Dimension i - Rural land tenure rights are legally recognized This dimension assess the extent of the legal recognition of the rights held by households in rural areas. Assessment A Existing legal framework recognizes rights held by more than 90% of the rural population, either through customary or statutory tenure regimes. B Existing legal framework recognizes rights held by 70% - 90% of the rural population, either through customary or statutory tenure regimes. C Existing legal framework recognizes rights held by 50% -70% of the rural population, either through customary or statutory tenure regimes. D Existing legal framework recognizes rights held by less than 50% of the rural population, either through customary or statutory tenure regimes.

Findings The country has sufficient policies and laws to recognize rights of more than 90% of the population either through a range of freehold, customary rights, forest and protected area land tenure, and even tenants in agricultural lands.

Recommendations There is an urgent need to codify the laws and simplify the processes, not only to facilitate the issue of titles to land and subsequent transactions with land, but also to reduce the opportunities for informal fees.

LGI 1 (ii) - Urban land tenure rights are legally recognized Assesses the extent of the legal recognition of the rights held by households in urban areas. Assessment A Existing legal framework recognizes rights held by more than 90% of the urban population, either through customary or statutory tenure regimes. B Existing legal framework recognizes rights held by 70% - 90% of the urban population, either through customary or statutory tenure regimes. C Existing legal framework recognizes rights held by 50% -70% of the urban population, either through customary or statutory tenure regimes. D Existing legal framework recognizes rights held by less than 50% of the urban population, either through customary or statutory tenure regimes.

Findings In July 2011, the NHA estimated the magnitude of informal settlers in urban areas at 15% of the urban population. No recognition of informal settlers right The 1992 UDHA established the legal framework for urban land reform and housing for informal settlers, slum dwellers and other underprivileged.

Recommendations Encourage LGUs to complete inventory of informal settlers to determine magnitude LGUs to integrate tenure improvement concerns for informal settlers in the preparation of comprehensive shelter plans. NSO to fast-track implementation of census of informal settlers and incorporation of these in the socio-economic statistics to serve as bases for planning CMP and land tenure improvements by LGUs.

LGI-1 (iii) - Rural group rights are formally recognized Assesses the extent to which regulations concerning group rights in rural areas define how user groups can organize themselves, impose internal rules, interact with the outside, and call on external agencies to enforce rules. Assessment A The tenure of most groups in rural areas is formally recognized and clear regulations exist regarding groups internal organization and legal representation. B The tenure of most groups in rural areas is formally recognized but ways for them to gain legal representation or organize themselves are not regulated. C The tenure of most groups in rural areas is not formally recognized but groups can gain legal representation under other laws (e.g. corporate law). D The tenure of most groups in rural areas is not formally recognized.

Findings Many laws provides for recognition of most form of group rights in the rural areas: Collective CLOAs for agrarian reform beneficiaries CADTs for indigenous peoples CBMFA, PACBARMA, etc. for occupants in forest lands and protected areas.

Recommendations Review existing collective CLOAs with a view of supporting individualization if the beneficiaries so desire.

LGI-1 (iv) - Urban group rights are recognized in informal areas This assesses the extent to which regulations concerning group rights in urban areas define how user groups can organize themselves, impose internal rules, interact with the outside, and call on external agencies to enforce rules. Assessment A Group tenure in informal urban areas is formally recognized and clear regulations exist regarding the internal organization and legal representation of groups. B Group tenure in informal urban areas is formally recognized but ways for them to gain legal representation or organize themselves are not regulated. C Group tenure in informal urban areas is not formally recognized but groups can gain legal representation under other laws. D Group tenure in informal urban areas is not formally recognized.

Findings The UDHA provides for a clear procedures for initiating a community mortgage program through organization and recognition of community/homeowners associations.

LGI 1, Dimension v- When desirable, opportunities for tenure individualization exist and are accessible This assesses whether the law provides adequate mechanisms to accompany the transition of customary or collective tenure towards individualization if so desired by land users. Assessment A When desirable, the law provides opportunities for those holding land under customary, group, or collective tenure to fully or partially individualize land ownership/use. Procedures for doing so are affordable, clearly specified, safeguarded, and followed in practice. B When desirable, the law provides opportunities for those holding land under customary, group, or collective tenures to fully or partially individualize land ownership/use. Procedures to do so are affordable and include basic safeguards against abuse but are not always followed in practice and are often applied in a discretionary manner. C When desirable, the law provides opportunities for those holding land under customary, group, or collective tenures to fully or partially individualize land ownership/use. Procedures are not affordable or clear, leading to widespread discretion or failure to apply even for cases where those affected desire to do so. D Although desirable, the law provides no opportunities for those holding land under customary, group, or collective tenures to fully or partially individualize land ownership/use.

Findings There are three opportunities for individualization of group tenure: Subdivision of collective CLOAs Issuance of individual titles (CALTs) within ancestral domains of IPs Individualization of titles under CMP upon full payment of the loan There are difficulties in individualization of collective CLOAs, CADTs and CMPs. CBFMA and other group tenure in the forest lands and protected areas cannot be individualized under existing laws.

Recommendations Review and revise existing policies and processes to facilitate individualization of collective CLOAs, CADTs and CMPs. Review feasibility of providing individual tenures in forest lands and protected areas and pursue changes in policies and laws if desirable.

LGI-2 Enforcement of Rights Assesses whether the rights recognized by law are enforced (including secondary rights as well as rights of minorities and women).

LGI 2 Dimension I - Surveying/mapping and registration of rights to communal land Assesses the extent to which Boundaries to communal land have been surveyed / mapped and the communal rights registered. Communal land is land over which a rural group or community has rights or access to. Such land may be held under customary tenure and in some cases, occupants may belong to indigenous communities or their equivalent (e.g. scheduled tribes in India) as defined by law. Assessment A More than 70% of the area under communal or indigenous land has boundaries demarcated and surveyed and associated claims registered. B 40-70% of the area under communal or indigenous land has boundaries demarcated and surveyed and associated claims registered. C 10-40% of the area under communal or indigenous land has boundaries demarcated and surveyed and associated claims registered. D Less than 10% of the area under communal or indigenous land has boundaries demarcated and surveyed and associated claims registered.

Findings As of 2012 around 46% of estimated ancestral domain has been mapped and issued with CADTs/CALTs. In 2013 a Joint Administrative Order between DAR, DENR, DOJ/LRA and NCIP was issued for crosschecking and review prior to CADT registration to avoid overlaps with existing registered tenurial instruments and other private rights.

LGI 2 Dimension ii - Registration of individually held properties in rural areas Assesses the extent to which majority of individual properties in rural areas are formally registered. Here registered does not necessarily mean that the final certificate or title has been issued. Registered may mean that the rights are recorded unambiguously in the land administration system and there are generally few disputes over the recorded information. Assessment A More than 90% of individual properties in rural areas are formally registered. B Between 70% and 90% of individual properties in rural areas are formally registered. C Between 50% and 70% of individual properties in rural areas are formally registered. D Less than 50% of individual properties in rural areas are formally registered.

Findings At least 50% of individually held lands in the rural areas are registered. The 2004 LAMP 1 Land Tenure Study indicated that 34% of total agricultural lands are titled. Current LAMP statistics estimates 700,000 hectares of agricultural lands remain untitled.

Recommendations A deeper and more extensive review and inventory of agency records is needed to clearly establish the extent of remaining untitled lands. The implementation of the LAMS by DENR and the completion of data build-up of the LRA LARES may provide good opportunity for cross-checking and a more reliable estimates.

LGI 2 Dimension iii - Registration of individually held properties in urban areas Assesses the extent to which majority of individual properties in urban areas are formally registered. Assessment A More than 90% of individual properties in urban areas are formally registered. B Between 70% and 90% of individual properties in urban areas are formally registered. C Between 50% and 70% of individual properties in urban areas are formally registered. D Less than 50% of individual properties in urban areas are formally registered.

Findings The LAMP 1 Land Tenure Study estimates at least 50% of urban lands are titled or around 9.1 million parcels titled.

LGI 2 Dimension iv- Women s rights are recognized in practice by the formal system (rural/urban) Assesses the extent to which the tenure rights of women are enforced through the registration of land in their names or jointly. Women s rights may be registered individually or jointly, where jointly means that a woman is registered with others in the records. These others may be a husband or other family members or may include members of a wider group. Assessment A More than 45% of land registered to physical persons is registered in the name of women either individually or jointly. B Between 35% and 45% of land registered to physical persons is registered in the name of women either individually or jointly. C Between 15% and 35% of land registered to physical persons is registered in the name of women either individually or jointly. D Less than 15% of land registered to physical persons is registered in the name of women either individually or jointly.

Findings The registry does not disaggregate data according to gender. The title and even the patent applications does not contain the gender of the owner. On the bases of the laws, experiences of the agency and some data, the panel estimated that between 15% - 35% of titles are registered in the name of women individually or jointly.

Recommendations The processes and procedures of the LAM agencies need to be reviewed and improved to ensure that gender data are captured and that systems are able to generate gender disaggregated data. Titles, patents, tax declaration, applications forms and other documents relating to land tenure should require/reflect gender data.

LGI 2 Dimension v - Condominium regime provides for appropriate management of common property An essential element of good governance regarding condominiums is not only that the rights of the dwelling itself are recognized but that there is recognition of, and clear arrangements to manage the common property areas (driveways, parking, gardens, stairwells etc.) that are necessary for the occupants of the condominium to enjoy the full use of the property. Assessment A Common property under condominiums is recognized and there are clear provisions in the law to establish arrangements for the management and maintenance of this common property. B Common property under condominiums is recognized but the law does not have clear provisions to establish arrangements for the management and maintenance of this common property. C Common property under condominiums has some recognition but there are no provisions in the law to establish arrangements for the management and maintenance of this common property. D Common property under condominiums is not recognized.

Findings Republic Act 4726 or the Philippine Condominium Act 0f 1966 provides for clear policies on the management of common property in condominiums.

LGI 2, Dimension vi -There is compensation for loss of rights due to land use changes Assessment A Where people lose rights as a result of land use change outside the expropriation process, compensation in cash or in kind is paid such that these people have comparable assets and can continue to maintain prior social and economic status. B Where people lose rights as a result of land use change outside the expropriation process, compensation in cash or in kind is paid such that these people have comparable assets but cannot continue to maintain prior social and economic status. C Where people lose rights as a result of land use change outside the expropriation process, compensation in cash or in kind is paid such that these people do not have comparable assets and cannot continue to maintain prior social and economic status. D Where people lose rights as a result of land use change outside the expropriation process, compensation is not paid.

Findings In cases of conversion of rural/agricultural lands to other uses the law provides for disturbance compensation. In the case of establishment of national parks or protected areas, prior rights are recognized. However, economic activity may be affected if the prior rights are incompatible with conservation objectives.

LGI-3 Mechanisms for recognition of rights Assesses the consistency and affordability of rights recognition mechanisms (formalization) with existing tenure practices.

LGI 3, Dimension 1 - Use of non-documentary forms of evidence for recognition of property claims Assessment A Non-documentary forms of evidence are used alone to obtain full recognition of claims to property when other forms of evidence are not available. B Non-documentary forms of evidence are used to obtain recognition of a claim to property along with other documents (e.g. tax receipts or informal purchase notes) when other forms of evidence are not available. They have about the same strength as the provided documents. C Non-documentary forms of evidence are used to obtain recognition of a claim to property along with other documents (e.g. tax receipts or informal purchase notes) when other forms of evidence are not available. They have less strength than the provided documents. D Non-documentary forms of evidence are almost never used to obtain recognition of claims to property.

Findings In administrative titling of A&D lands by DENR, award of CLOAs by DAR and processing and award of CADT by NCIP non-documentary forms of evidences are also used: Testimonies by adjacent property owners Key informants Historical accounts by elders Proof of cultural practices by IP groups

LGI 3 Dimension ii - Formal recognition of long-term, unchallenged possession Assesses the presence of legal process to recognize long-term, unchallenged occupation of land. Assessment A Legislation exists to formally recognize long-term, unchallenged possession and this applies to both public and private land although different rules may apply. B Legislation exists to formally recognize long-term, unchallenged possession but applies only to one specific type of land (e.g. either public land or private land). C Legislation exists to formally recognize long-term, unchallenged possession but due to the way this legislation is implemented, formal recognition is granted to very few or no applicants for recognition on either public or private land. D Legislation to formally recognize long-term, unchallenged possession does not exist.

Findings There is strong recognition of long-term unchallenged possession under Philippine laws: CA 141 recognizes at least 30 years RA 386 recognizes 10 years in good faith and 30 years in bad faith RA 10023 recognizes 1o years in residential lands The Constitution and IPRA recognizes title since time immemorial for ancestral domain of IPs

LGI 3 Dimension iii- First-time registration on demand is not restricted by inability to pay the formal fees Assessment A The costs for first time sporadic registration for a typical urban property does not exceed 0.5% of the property value. (FP) B The costs for first time sporadic registration for a typical urban property does not exceed 2% of the property value. (MSA) C The costs for first time sporadic registration for a typical urban property does not exceed 5% of the property value. D The costs for first time sporadic registration for a typical urban property exceeds 5% of the property value. (Judicial)

Findings By Residential Free Patent Total cost from formal fees can range from Php 1,665 to 2,665 (0.27 to 0.44 % of market value; or 1.85 to 2.96% of assessed value) By Miscellaneous Sales Patent - Total Cost from formal fees can range from PhP 9,965 10,665 (1.66 to 1.78% of market value or 11.07 to 11.85% of assessed value) By Judicial Titling at least Php 150,000

Recommendations Titling of residential lands through RA 10023 or Residential Free Patent is the most preferred mode in terms of cost and ease of the process. However, for other types of urban lands (commercial, industrial) the policies for appraisal and processes needs to be reviewed to facilitate titling.

LGI 3 Dimension iv - First-time registration does not entail significant informal fees Assesses as to whether the demand for first time registration is not restricted by demands for unofficial or informal fees. Assessment A There are no informal fees that need to be paid to effect first registration. B There are informal fees that need to be paid to effect first registration, but the level of informal fees is significantly less than the formal fees. C There are informal fees that need to be paid to effect first registration and the level of informal fees is about the same as the formal fees. D There are informal fees that need to be paid to effect first registration and the level of informal fees is significantly higher than the formal fees.

Findings Payment of informal fees is a common practice in securing first time titles, the significance level depend on affordability on the part of the applicant. The amount of informal fees is not significantly less than formal fees but generally not equal to the formal fees.

Recommendations While the proportion of informal fees against formal fees is a good measure of governance, how widespread the practice is among title applicants is a serious concern. More regional data needed to provide better assessment.

LGI-3 Dimension v - Formalization of urban residential housing is feasible and affordable Assessment A The requirements for formalizing housing in urban areas are clear, straight-forward, affordable and implemented consistently in a transparent manner. B The requirements for formalizing housing in urban areas are clear, straight-forward, and affordable but are not implemented consistently in a transparent manner. C The requirements for formalizing housing in urban areas are not clear, straight-forward, or affordable but many applicants from informal areas are managing to satisfy the requirements. D The requirements for formalizing housing in urban areas are such that formalization is deemed very difficult.

Findings While there are four ways by which formalization can be achieved, all of these are quite expensive on the part of government, and take a long time to complete. In the case of informal settlers formalization is done through various methods of land delivery wherein the end-view is to turn informal settlers into eventual owner occupiers. informal settlers are usually not well educated and are not familiar with the land acquisition processes.

Recommendations Strengthen and fast-track the Community Mortgage Program Encourage LGUs to develop comprehensive shelter plans and to engage in urban housing for the poor and the underprivileged

LGI 3 Dimension vi - Efficient and transparent process to formalize possession Assesses if processes to regularize the informal occupation of land are clearly defined, transparently and efficiently implemented. Assessment A There is a clear, practical process for the formal recognition of possession and this process is implemented effectively, consistently and transparently. B There is a clear, practical process for the formal recognition of possession but this process is not implemented effectively, consistently or transparently. C The process for the formal recognition of possession is not clear and is not implemented effectively, consistently or transparently. D There is no process for formal recognition of possession.

Findings Existing laws provide for clear processes for formalizing possessions by informal settlers but the implementation has been cumbersome, thereby leading to growth in informality. The difficulty of accessing reliable records from agencies has affected the pace of acquisition of private lands. In the case of protected areas, the lack of capacity for enforcement and management, and the incomplete demarcation result in informal occupation of fringes.

Recommendations Strengthen and improve processes for delivery government s urban poor housing initiative Improve access to land records Complete census of informal settlers, forest and protected areas occupants to provide a good bases for planning and management of land tenure improvement initiatives.

Restrictions on rights (LGI-4) This indicator assesses the justifications of restrictions on land rights.

LGI 4 Dimension i - Urban Land Use, Ownership and Transferability Restrictions Assess the potentially harmful impact of land rights restrictions in urban areas. Assessment A There are a series of regulations that are for the most part justified on the basis of overall public interest and that are enforced. B There are a series of regulations that are for the most part justified on the basis of overall public interest but that are not enforced. C There are a series of regulations that are generally not justified on the basis of overall public interest but are not enforced. D There are a series of regulations that are generally not justified on the basis of overall public interest and are enforced.

Findings Restrictions on urban land use, ownership, transferability and rent control were largely developed with the aim of protecting the public interest, in practice, these have not been enforced and/or do not achieve their objectives. Rent control had the effect of pushing up rental rates due to cut off mark Land use is controlled by zoning regulations although many LGUs have not updated their CLUPs Size limits apply only to areas for low cost housing under the UDHA

Recommendations Need to revisit restrictions to determine whether they achieve their objectives or are enforceable

LGI 4 Dimension ii - Restrictions on rural land use, ownership and transferability are justified Assess the potentially harmful impact of land rights restrictions in rural areas. Assessment A There are a series of regulations that are for the most part justified on the basis of overall public interest and that are enforced. B There are a series of regulations that are for the most part justified on the basis of overall public interest but that are not enforced. C There are a series of regulations that are generally not justified but are not enforced. D There are a series of regulations that are generally not justified and are enforced.

Findings Restrictions on ownership exclusively by Filipino citizens are enshrined in the Philippine constitution, and are justified on the basis of ensuring lands remain in the hands of Filipinos. CLOA restrictions on the other hand, are justified on the basis of social justice. Restrictions on public forest and protected area ownership are consistent with the Philippine Constitution that public lands cannot be alienated.

Recommendations The restrictions in transfers and conveyances of Free Patents (Agricultural) should be repealed, since the FP process mainly confirms long held rights through the issuance of titles. Applicants have to qualify with continuous unchallenged possession over a period of 30 years, so the restriction is unnecessary.

LGI-5 Clarity of institutional mandates Assesses the clarity of mandates of land institutions, effectiveness of the land administration system in avoiding horizontal and vertical overlaps, and the ability to share landrelated information.

LGI-5 Dimension i - There is an appropriate separation of policy formulation, implementation, and arbitration roles Assessment A In situations that can entail conflicts of interest or abuse (e.g. transfers of land rights) there is a clear separation in roles of policy formulation, implementation of policy through land management and administration and the arbitration of any disputes that may arise as a result of implementation of policy. B In situations that can entail conflicts of interest or abuse (e.g. transfers of land rights) there is some separation in the roles of policy formulation, implementation of policy through land management and administration and the arbitration of any disputes that may arise as a result of implementation of policy, but there are overlapping and conflicting responsibilities that lead to occasional problems. C In situations that can entail conflicts of interest or abuse (e.g. transfers of land rights) there is some separation in the roles of policy formulation, implementation of policy through land management and administration and the arbitration of any disputes that may arise as a result of implementation of policy but there are overlapping and conflicting responsibilities that lead to frequent problems. D In situations that can entail conflicts of interest or abuse (e.g. transfers of land rights) there is no clear separation in the roles of policy formulation, implementation of policy through land management and administration and the arbitration of any disputes that may arise as a result of implementation of policy.

Findings There are separation of roles and responsibilities of the agencies involved in the administration and management of lands based in respective mandates. However, there are apparent overlaps: First time titling, with parallel procedures by DENR (administrative titling); and LRA/DOJ (judicial titling) involving the same types of lands; Approval of simple subdivision plans for titled properties by both LRA and DENR; Issuance of Free Patents by DENR and CLOAs by DAR on the same types of lands; and issuance by DAR of CLOAs on areas targeted by NCIP for the issuance of certificates of ancestral domain titles. This can even extend to forestlands where other forms of tenure instruments are issued by DENR.

LGI-5 Dimension ii - The responsibilities of the ministries and agencies dealing with land do not overlap Assesses if there is a clear delineation of institutional responsibilities with respect to the spectrum of land related issues. Assessment A The mandated responsibilities exercised by the authorities dealing with land administration issues are clearly defined and non-overlapping with those of other land sector agencies. B The mandated responsibilities of the various authorities dealing with land administration issues are defined with a limited amount of overlap with those of other land sector agencies but there are few problems. C The mandated responsibilities of the various authorities dealing with land administration issues are defined but institutional overlap with those of other land sector agencies and inconsistency is a problem. D The mandated responsibilities of the various authorities dealing with land administration are defined poorly, if at all, and institutional overlap and inconsistency is a serious problem.

Findings The overlaps in policy implementation and institutional mandates have persisted for a long time and has resulted in long standing disputes, and has led to many problems. The overlaps and conflicts persists even with issuance of joint memorandum circulars between the agencies since field offices tends to have different interpretations.

Recommendations The government should consider giving high priority to the refilling of the LARA Bill in the next Congress. This should address the institutional overlaps, and address the systemic weaknesses that plague the delivery of services in the LAM sector. Addressing this issue will impact on titling, ease of registration, and facilitate the formalization rights by informal settlers in the highly urbanized areas.

LGI-5 Dimension iii - Administrative (vertical) overlap is avoided Assesses level with which central, regional, and local institutions dealing with land have clearly assigned functions and responsibilities. Assessment A Assignment of land-related responsibilities between the different levels of administration and government is clear and non-overlapping. B Division of land-related responsibilities between the different levels of administration and government is clear with minor overlaps. C Division of land-related responsibilities between the different levels of administration and government is characterized by large overlaps. D Division of land-related responsibilities between the different levels of administration and government is unclear.

Findings Administrative overlaps within each agency is minimal, or none at all. The division of land related responsibilities between different levels of administration and government is clear with minor overlaps.

LGI 5, Dimension iv - Land information is shared with interested institutions Assesses whether land-related information, both textual and spatial, is maintained in a uniform way that is accessible at reasonable cost by all the institutions that might have an interest in land issues and need this information. Such public institutions may include land use planning agencies, local authorities, courts, disaster management agency, etc. Assessment A Information related to rights in land is available to other institutions that need this information at reasonable cost and is readily accessible, largely due to the fact that land information is maintained in a uniform way. B Information related to rights in land is available to interested institutions and although this information is available at reasonable cost, it is not readily accessible as the information is not maintained in a uniform way. C Information related to rights in land is available to interested institutions but this information is not readily accessible as the information is not available at a reasonable cost. D Information related to rights in land is not available to interested institutions as a matter of policy or practice.

Findings Agencies have different land record systems that make access difficult. DENR s records are organized by location and use cadastral lot numbers as reference; RoDs records are organized sequentially using title numbers as reference; while the LGU Assessor s records are organized by barangay and use Parcel Identification Number or Tax Declaration Number as reference.

Recommendations The agencies of the government responsible for maintaining and managing land records should develop a unified data standards so that land records management, particularly storage and retrieval can be harmonized across all agencies, including local government units.

LGI-6 Participation and equity in land policies This indicator assesses the equity and transparency of land policy formulation and implementation.

LGI 6 Dimension i - Land policy is developed in a participatory manner The extent with which land policy statement draws on wide input from different sectors. Assessment A A comprehensive policy exists or can be inferred by the existing legislation. Land policy decisions that affect sections of the community are based on consultation with those affected and their feedback on the resulting policy is sought and incorporated in the resulting policy. B A comprehensive land policy exists or can be inferred by the existing legislation. Land policy decisions that affect sections of the community are based on consultation with those affected but feedback is usually not sought or not used in making land policy decisions. C Policy exists or can be inferred by the existing legislation but it is incomplete (some key aspects are missing or only covers part of the country such as only urban or only rural areas) or land policy decisions that affect some sections of the community are made without consultation with those affected. D No clear land policy exists or can be inferred by the existing legislation and/or land policy decisions are generally taken without consultation of those affected.

Findings The Philippines has comprehensive land policy and that this results from feedback from those affected. Existing processes also opened participation in policy making, particularly through the formulation of legislations which entails a long process of consultations, public hearings, studies, and debates in both the House of Representatives and Senate.

LGI 6 Dimension ii - Meaningful incorporation and monitoring of equity goals in land policy Measures impacts of land policies on equity issues and monitoring. Assessment A Land policies incorporate equity objectives that are regularly and meaningfully monitored and their impact on equity issues is compared to that of other policy instruments. B - Land policies incorporate equity objectives that are regularly and meaningfully monitored but their impact on equity issues is not compared to that of other policy instruments. C - Land policies incorporate some equity objectives but these are not regularly and meaningfully monitored. D Equity issues are not considered by land policies.

Findings Existing policies consider equity goals, particularly with respect to the rights and welfare of indigenous peoples, upland dwellers, landless farmers and tenants, and women. However, the rights of fishermen and coastal communities are not well pronounced. There is no systematic monitoring of progress and impacts of meeting equity goals in land policy.

Recommendations Encourage government to regularly and meaningfully monitor the progress and impact of land policies into equity goals/objectives. Review land policies with the view of integrating where necessary right of other sectors such as the fisherfolks and coastal communities.

LGI 6 Dimension iii - Policy implementation is costed, matched with benefits and adequately resourced It measures efficiency and transparency by comparing expected benefits of land policies with corresponding costs and availability of adequate resources. Assessment A Implementation of land policy is costed, expected benefits identified and compared to cost, and there are a sufficient budget, resources and institutional capacity for implementation. B The implementation of land policy is costed, though not necessarily based on a comparison of expected benefits and costs. There is an adequate budget, resources and institutional capacity. C The implementation of land policy is not fully costed and/or to implement the policy there are serious inadequacies in at least one area of budget, resources or institutional capacity. D The implementation of land policy is not costed and there is inadequate budget, resources and capacity to implement the land policy.

Findings Except for CARP, there are inadequacies in budget, human resources and institutional capacities to fully implement existing land policies. While costs were considered in crafting the laws, many were passed without budget cover.

LGI 6 Dimension iv- Regular and public reports indicating progress in policy implementation It measures progresses in policy implementation by looking at existence of publicly accessible reports. Assessment A Formal land institutions report on land policy implementation in a regular, meaningful, and comprehensive way with reports being publicly accessible. B Formal land institutions report on land policy implementation in a regular and meaningful way but reports are not made public. C Formal land institutions report on land policy implementation but in a way that does not allow meaningful tracking of progress across different areas or in a sporadic way. D Formal land institutions report on policy implementation only in exceptional circumstances or not at all.

Findings Agency reports are published and shared widely through the websites. the annual budget review process at the Congress during budget hearings provide opportunities for agencies to present more comprehensive statements of their achievements and account for the use of funds.

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