SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Honorable Rufus B. Rodriguez and
Honorable Maximo B. Rodriguez, Jr.

House Bill No. 19814

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 2122 by the undersigned
Rufus 8. Rodriguez during the Fourteenth Congress. It was approved by the Joint
Committee on Government Reorganization, Natural Resources, Justice and
Appropriations as substitute House Bill No, 6290 under Committee Report No. 1991,
dated May 5, 2009. It was approved for 2" reading.

Land is the most tangible and limited resource of any country, It is similarly
the most valuable commodity prized by its citizenry and most controversial because
not every person can have access to land. In the Philippines, the country's 30 million
hectares of land is shared by the country’s more than 80 million Filipinos. However,
not all Filipinos have access to these lands much more own any land. Thus it is
imperative that our country’s land resources are effectively and equitably managed
not only by the State and its agencies but also by its people for the sake of
generations to come.

Because land is @ major resource of a country and its people, the utilization of
our land resources for national and local development is crucial to maximize the
benefits derived from utilization, management and ownership of jand. The
responsibility of ensuring that the benefits accruing to the country’s land resources
rests with the national and local governments. in the case of the national
government, it is the Department of Environment and Natural Resources (DENR)
that is mandated to administer, conserve, protect and manage almost 15.88 million
hectares of forestlands or 52.9% of the country's total land area.

Likewise, the DENR, through the Land Management Bureau (LM), is further
mandated to dispose and issue tittles to another 6 million hectares of uniitled lands
that have been released and classified as alienable and disposable (A&D) lands. On
the other hand, the Land Registration Authority (LRA) is responsible for the
registration of issued titles released by the DENR or judicially decreed lands totaling
another 6 milion hectares. However, both agencies operate on totally different
system of records, information and document management systems and are guided
by outdated legal mandates (e.g. Public Land Act of 1936, Land Registration Act of
1902 and Property Registration Decree of 1978) that are not anymore attuned to
present day conditions of land administration in the Philippines.

On the other hand, local government units (LGUs) are the key field managers
of land resources for both public and private lands. Whilst the DENR and LRA have
specific mandates on the over-all administration of public and private lands, LGUs
exercise direct administration, preservation, utilization and allocation of land uses
and resources at the local levels. in this regard, LGUs have a big stake in the
effective and efficient management of land resources in their localities because a



large part of the local revenues generated by LGUs in their localities come from
income from real property taxes and land related transactions such as transfer taxes.

A joint study by the Bureau of Local Government Finance (BLGF) and the
National Tax Research Center (NTRC) of the Department of Finance, reported that
for the period 2000-2005, LGUs lost some PhP 9.5 billion yearly due to poor
collection efficiency of local property taxes. Among key reasons cited for the poor
collection of RPT among LGUs are inefficient collection systems, understated values
of assessed real properties compared to real market values and local economic
development. It is no wonder that many LGUs are dependent on national revenue
transfers, particularly the yearly internal revenue allotments (IRA), because RPT
collection which should be the main source of local revenues is a mere 12.5% of the
total revenues generated by LGUs.

The proposed Land Resources Administration Reform Act of 2007 aims to
upgrade, systematize and integrate the administration, management and operations
of the country’s land resources in both public and private lands. It also aims to
improve the delivery of land related services to the general public and reduce delays
in land document processing and releases. And finally, the bill 2ims to enhance and
improve transparency and governance in the land resource and administration
system by cutting down the overly bureaucratic, technically-oriented land titling and
registration processes in the system.

Some of the main features of the proposed Land Resources Administration
Act of 2007 are the following:

a) Integration of the functions, operations and systems of the DENR's
Land Management Bureau and the Land Registration Authority into
a single Land Administration Authority (LAA) under the Office of the
President (OP) with provincial and city offices;

b) Establishment of regional, provincial and city-ievel Land
Adjudication Boards (LAB) as quasi-judicial bodies that would
resolve and address land related conflicts and cases such as
‘overlapping titles, ownership disputes, transfers and exchanges;

°) Elevating the management and administration of land resources to
the level of a Cabinet secretary with portfolio that would be
appointed by the President of the Philippines and confirmed by the
Commission of Appointments;

4d) Establishment of @ multisectoral Stakeholders Advisory
Committee that shall assist the LAA in the formulation of policies on
land administration and public land management and monitor its
implementation;

e) Strengthen the administrative accountability and authority of the
LAB to administratively address simple clerical and typographical
errors in the issuance of plans, maps and titles;

o) Strengthen fiscal autonomy and eliminate graft and corruption in
the land administration sector by allowing the LAA to use its income
to support its operations and projects, including increases in
salaries and provision of incentives to LAA personnel.

The proposed Land Resources Administration Reform Act of 2007 hopes to
provide the necessary foundation to jumpstart a long delayed and oft-neglected but
highly sensitive problems confronted by almost all Filipino citizens — ensuring the
credibility and sanctity of the land they own. Whilst, the proposed bill does not
presume to resolve all the detailed, complex and multi-dimensional problems


pervading in the administration and management of the country's most critical yet
finite land resources, the proposed Land Resources Administration Reform Act of

2007 firmly hopes to provide the impetus to take the first critical and serious step to
its solution.

It is fervently prayed and admonished that the proposed Land Resources
Administration Reform Act of 2007 be urgently and readily passed into law so that
our future generations of Filipinos will not have to suffer the negligence and distress
suffered by our parents and ancestors. We can remedy this malady today and not
tomorrow, | therefore submit this proposed bill for approval by the Philippine House
of Representatives.

RU RODRIGUEZ

I

MAXIMO B/ RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF ele ne

Introduced by Honorable Rufus B. Rodriguez and
Honorable Maximo B. Rodriguez, Jr.

AN ACT
INSTITUTING REFORMS IN LAND ADMINISTRATION

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
ARTICLE!
GENERAL PROVISIONS
Section 1. Short Title. — This Act shall be known as “The Land Administration
Reform Act of 2013”.

Sec 2. Declaration of Policy.- It is hereby declared the policy of the State to
institutionalize reforms in land administration in order to optimize and rationalize their
contribution to the goals of national development, eradication of poverty and
attainment of social, economic and cultural justice. Towards this end, the State shall:

(a) Provide the leadership and management of reforms in land
administration;
(b) Promote efficient and effective mapping, land survey, classification,

disposition, registration and management of private and public lands;

(©) Undertake a comprehensive and continuing land administration program
that will make the processes and procedures of land registration and
tiling affordable, reliable and expeditious;

(d) _ Assist in the attainment of the government's asset reform programs;

(e) Accelerate and complete the distribution, titling and registration of
alienable or disposable lands to provide security of land tenure;

(f) Undertake reforms in land administration and management to ensure
equitable distribution and full utilization and development of alienable or
disposable lands;

(9) __Improve the efficiency, effectiveness, transparency and accountability of
land administration services;

(h) Rationalize the structure, powers and functions of the different land
administration agencies and integrate all land administration and
registration policies, plans, programs and projects of various
government agencies to increase the efficiency of the land titling system
of the government, with expeditious delivery of services that are viable
with sustainable land administration programs and projects;

10} Establish a sustainable and viable administration of land through
computerization of functions and removal of overlaps and duplication in
the delivery of land administration services;

@) Establish an administrative system for the cancellation of duplicate and
fake titles and the eradication of land grabbing activities;

(k) Provide accessible, efficient and affordable land administration services
to the people through the establishment of one-stop shops everywhere;

() Establish an effective land information system and provide easy and

affordable access to land information by members of the public;


(m)

(0)
(p)

(q)
0)

Improve the skills of and career opportunities for government
‘employees engaged in the prov'sion of land administration services;
Rationalize and clarify the entitlements of persons to land titles to make
the process of issuing titles fast and low-cost;

Promote and support the development of a national land administration
and management education system;

Identify and reduce disincentives to the registration of property
transactions;

Mainstream gender in all aspects of the land administration system; and
Recognize, respect, ensure participation and assist in the enforcement
of fand related rights of men and women of the basic sectors, as defined
jin Republic Act No. (R.A.) 8425, otherwise known as the "Social Reform
and Poverty Alleviation Act”.

Sec 3. Definition of Terms. - For the purpose of this Act, the following terms shall,
unless the context indicates otherwise, have the following meanings:

(a)

(b)

()

(d)

(e)

O}
(9)

(h)

0)

®)
0)

Alienable and disposable lands refer to agricultural lands of the public
domain which have been delineated, classified and certified as available
for disposition under the Public Land Act.

Agricultural lands refer to lands devoted to or suitable for the cultivation
of the soil, planting of crops or growing of trees, and not classified as
mineral land, forest land or national park, or sub-classified as residential
land, commercial land or industrial land.

Automated Registration System refer to a system using appropriate
technology for scanning, recording and land registration using electronic
devices to store the copy of certificates of title and other documents
relative thereto.

Classification and Reclassification refer to the act of Congress in setting
the specific limits of forest lands and national parks and increasing or
decreasing their boundaries by law, as provided for in Article XII, Section
4 of the 1987 Philippine Constitution.

Consulta refers to the procedure wherein the issue of registrability of
certain instruments is resolved in accordance with Presidential Decree
No. 1529.

Director General refers to the person occupying the position of Director
General of the Land Administration Authority created by this Act.

Land refers to resources, bot!: man-made and natural, found on the
surface, below and above the ground, including inland waters and the air
therein.

Land Administration and Public Land Management refers to the
administration of all functions, powers and activities related to the
mapping, land survey, classification, ownership, disposition, and
registration of land tities and deeds, and the management of public lands
Land Information System refers to a system of linking textual attributes
(such as ownership, identity, location and value) of land into spatial
reference designed to facilitate access to information and assist in
planning and decision making;

Land Management Bureau (LMB) refers to the staff Bureau of the
Department of Environment and Natural Resources (DENR).

Land Management Services (LMS) refers to the land management sector
or offices of the DENR at the regional, provincial and district level.

Land registration case refers to the proceeding, either administrative or
Judicial, for registering the title to, or interest in, a land so that such title or
interest becomes @ matter for public record, and all persons who have
interest in the land may be informed thereof, actually or constructively,



and be bound thereby if they make no objections thereto within a specific
time.

(m) Land Registration Authority (LRA) including the Registers of Deeds (RoD),
refers to the agency mandated to issue decrees of registration and
certificates of fitle and register documents, patents and other land
transactions

(9) National Mapping and Resource Information Authority (NAMRIA) refers to
the agency known by that name attached to the DENR.

(0) _ President refers to the President of the Philippines

(p) Public domain refers to lands that belong to the State, which may either be
agricultural, forest or timber, mineral or national park as provided for in the
Constitution; and

(a) Public lands refer to lands which have not been subject to private
property rights or subject to sale or other modes of acquisition or
concession under the general laws, and are devoted to public use.

ARTICLE Il
CREATION OF THE LAND ADMINISTRATION AUTHORITY

SEC. 4. Creation of the Land Administration Authority (LAA). To carry out the
purposes of this Act, the Land Administration Authority (hereinafter referred to as the
Authority) is hereby created and placed under the Office of the President It shall be
the primary government agency responsible for land administration and public land
management.

The Authority shall be the sole agency that shall prepare, issue and register
all titles to land issued pursuant to Commonwealth Act (C.A) No. 141, as amended,
and subsequent dealings of registered lands including all types of tenure instruments
intended for the implementation of R.A. No. 6657 or the Comprehensive Agrarian
Reform Law (CARL) and R.A. 8371 or the Indigenous People's Rights Act (IPRA).

SEC 5. General Powers and Functions of the Authority.- The Autvority shall
exercise the following powers and functions:
a) Land Survey & Mapping

1) Execute, complete and continually update the nationwide cadastral surveys
in accordance with the provisions of Act No. 2259 as amended, and update
all existing cadastral maps;

2) Conduct nationwide survey and topographic mapping to assist Congress in
determining the specific limits of forest lands and national parks, to delimit
the specific boundaries and classification of alienable and disposable lands
of the public domain, and to identify the specific boundaries of
environmentally protected areas under R.A. 7586 otherwise known as the
National Integrated Protected Areas System (NIPAS);

3) In coordination with local government units and the pertinent agencies,
conduct and/or approve surveys and mapping necessary in the
implementation of R.A. 7160 or the Local Government Code, Republic Act
7279 or the Urban Development and Housing Act, Republic Act. 8435 or the
Agriculture and Fisheries Modernization Act (AFMA), Republic Act 7916 or
the Ecozone Law, R.A. 6857 or the Comprehensive Agrarian Reform Law
(CARL) and other existing laws requiring survey and mapping;

4) Verify and approve all private land consolidation, subdivision and
consolidation-subdivision surveys intended for titing purposes;

5) Prescribe standards, rules and regulations for the conduct of all kinds of
geophysical surveys, mapping, aerial photography, remote sensing and
similar activities in accordance with existing laws and internationally
accepted principles, practices and standards;



6) Prescribe a uniform base map that shall be used for all public and private
mapping activities, and provide convenient and affordable public access to
the same; and

7) Establish and maintain an appropriate custodial and storage system that
shall ensure the security and integrity of all survey and mapping records.

b) Land Registration

1) Register original titles to land and subsequent dealings in registered lands
under the provisions of Act No. 496 and Presidential Decree 1529 as
amended, provided, that prior to registering a tenure instrument and issuing
an original certificate of title based thereon, the Authority shall first verify
compliance with the conditions and requirements prescribed under the law
authorizing the issuance of said tenure instrument;

2) Establish and maintain an appropriate custodial and storage system that
shall ensure the security and integrity of all registration and titling records,
subject to the provisions of Act No. 496, P.D. 1529 and other pertinent laws;
and

3) Compile a nationwide master list of suspected spurious lands titles and
tenure instruments, undertake thorough investigation of the same and,
when merited, initiate the proper proceedings for the cancellation thereof by
a competent court; Provided, That cancellation of instruments which have
not yet been registered under the Torrens system as provided under
existing laws, and which are found to be spurious shall be effected by the
Authority under rules and procedures that it shall promulgate consistent with
this Act and existing laws, and Provided further, That patently fake titles
shall also be dealt with administratively by Authority.

¢) Public Land Administration

1) Administer, manage and/or dispose of all alienable and disposable lands of
the public domain under the provisions of Commonwealth Act No. 141
otherwise known as the Public Land Act, as amended, Friar Lands under
the Provisions of Act No. 1120, patrimonial property of tiie National
Government under Act No. 3038, and such other public lands as have not
been placed under the jurisdiction of any other government agency or
instrumentality, in accordance with existing laws; and

2) Coordinate with local government units and the appropriate agencies in
feleasing alienable and disposable lands of the public domain for the
accelerated implementation of agrarian reform, socialized housing,
tesettlement and other government programs requiring land.

4) Land Records and Information Technology

1) Establish and maintain a secure, integrated and accessible computerized
database of all survey and mapping records, registration and titling records
and other land information data and ensure the timely updating of said
database;

2) Establish and maintain an open system to provide convenient nationwide
public access to survey, mapping, registration, titling and other land dat
subject, however, to the requirements of security and confidentiality under
existing laws; and

3) Establish an information and technology system that will link end facili
information-sharing among all concerned offices and units of the Authority.

e) Other Functions

4) Formulate and recommend -olicies and programs to achieve the intent and
purposes of this Act;

2) Determine, fix and collect reasonable amounts to be charged as fees, fines
and penalties in the implementation of this Act;

3) Receive grants and donations;

4) Enter into contracts in the implementation of this Act subject to existing laws

te


5) Perform such other powers and functions as are currently lodged with the
LRA/RoD, LMB/LMS, DENR-CARP National Secretariat under P.D. 1529,
C.A. 141 as amended and other existing laws and issuances; and

6) Perform such other functions as are necessary, proper and incidental to
implement the provisions of this Act.

Whenever any reference is made to the LRA/RoD, the LMB/LMS and the
DENR-CARP National Secretariat under Executive Order No. 192, Presidential
Decree No. 1529 and Commonwealth Act No. 141, as amended, pertaining to @ duty,
power, purpose, responsibility or jurisdiction transferred to the Authority by this Act, it
‘shall be deemed to be a reference to, and to mean, the Authority and the Director
General of the authority, as the case may be.

SEC.6 Stakeholder’s Advisory Committee.-The Authority shall be assisted by a
Stakeholders’ Advisory Committee composed of the following

(a) Six (6) representatives from the basic sectors chosen through the
nomination process of the National Anti-Poverty Commission (NAPC);,

(b) Two (2) representative from the NAPC Women's Sectoral Council;

(c) Three (3) representatives from the private sector such as, but not limited to,
real estate, professionals/practitioners and the academe to be appointed by
the President;

(d) Three (3) representatives from the League of Municipalities, Cities and
Provinces, respectively; and

(e) The Director General, as ex officio member.

The President shall designate the chairperson from among the members of
the committee. Except the Director General, the members of the advisory committee
shall not hold office in the Authority nor receive any salary but shall be entitled, for
actual attendance during meetings, to such allowances and honoraria as are allowed
by the rules and regulations promulgated by the Commission on Audit.

SEC. 7. Functions of the Stakeholder’s Advisory Committee. The Committee
shall advise the Authority on the formulation of policies and policy development
pertaining to land administration and public land management and shall monitor their
implementation. It shall submit, within three months following the end of each
calendar year, a report to the President on its advisory and monitoring activities.

SEC. 8. Meetings of the Committee. The chairperson shall convene regular
meetings of the committee at least once every quarter. Special meetings may also be
called by the chairperson or at the initiative of at least three (3) members of the
Committee.

SEC. 9. Secretariat and Logistice! Support.- The office of the Director General
shall provide secretariat and logistical support to the committee.

ARTICLE Ill
IMPLEMENTING MECHANISM.

SEC. 10. Structure and Organization. The Authority shall consist of:
(a) The Office of the Director General;
(b) The Offices of the four (4) Deputy Directors General;
(c) The Offices of the five (5) Assistant Directors General; and
(d) Land Offices

SEC. 11. The Director General.- The authority and responsibility for the exercise of
the mandate of the Authority, the accomplishment of its objectives, and the discharge
of its powers and functions shall be vested in the Director General, of Cabinet rank,


with portfolio, who shall be appointed by the President and subject to the
confirmation by the Commission on Appointments. The appointment shall be for a
fixed term of four (4) years subject to reappointment for another four (4) years only:
Provided, That no person shall be appointed as Director General unless he/she is a
member of the Philippine Bar or Geodetic Engineer or any person with adequate
experience on matters pertaining to land administration and land management.

The Director General shall have the following functions.

(a) Advise the President on the promulgation of rules, regulations, and
other issuances relative to land administration and public land
management;

(b) Establish policies and standards for the efficient and effective
operations of the Authority in accordance with the programs of the
Government;

(c) _ Promulgate rules, regulations and other issuances necessary in carrying
‘out the Authority's mandate, objectives, policies, plans, programs and
projects;

(4) Exercise control and supervision over all functions and activities of the
Authority and its Land Offices.

(e) Delegate Authority over all powers, functions and activities of the
Authority; and

() Perform such other functions as may be provided by law or assigned by
the President.

SEC. 12. Office of the Director General. - The Office of the Director General

shall consist of the Director General, his immediate staff and the following offices:

a) Management Services Office;

b) Planning and Monitoring Office;

c) Human Resource Office;

d) Legal and Land Adjudication Office; and

e) Special Project and Programs Office

Sec. 13. Deputy Directors General.- The Director General shall be assisted

by four (4) Deputies who shall be appointed by the President. The Director General is
hereby authorized to delineate, assign and/or reassign the respective functional
administrative divisions of responsibility of the Deputy Director General, as follows:

a) —Survey- all technical programs, procedures and operations involved in
the surveying and mapping activities of the Authority

b) Land Title Registration - all technical programs, procedures and
operations in the registration functions of the Authority;

©) Public Land Administration and Management- all technical programs,
procedures and operations in the disposition, administration and
management of Public Lands not otherwise in the control of any other
agency or instrumentality of the government, functions of the Authority

d) Land Information and Technology - all technical programs, procedures
and operations in the records and information technology management
functions of the Authority

The Deputy Director General for Land Title Registration should be a member
of the Philippine Bar with experience on land registration and the Deputy Director
General for Survey shall be a Geodetic Engineer.

No Deputy Director General shall be assigned primarily administrative
responsibilities. Within their functional area of responsibility, the Deputy Directors
General shall have the following functions:

(2) — Recommend policies and programs to the Director General and advice
the Director General in the promulgation of administrative orders and
other issuances with respect to one’s area of responsi

b) Issue technical and operating standards, guidelines, regulations and
orders to enforce policies with respect to one's area of responsibilty:



Provided That the Deputy Director General assigned to land title
registration shall resolve issues of registrability of instruments elevated
in consulta as provided for under PD 1529 as amended;

©) Provide opinion on and advise the field office on the efficient and
effective implementation of policies, programs and projects in one's area
of responsibility consistent with policies of the Authority that will
efficiently and effectively govern its activities and functions under his/her
responsibility;

d) Coordinate the functions and activities of the units under one's
responsibility with those of other units under the responsibility of other
Deputies;

) Exercise authority on monitoring and evaluation of technical and
operating standards related to the functions and activities of the units
under one’s responsibilty in the land offices of the Authority; and

f) Perform other functions as may be provided by law or assigned
appropriately by the Director General

SEC. 14, Assistant directors General.- The Director General and Deputies shall be
assisted by five (5) Assistant Directors General appointed by the Director General.
They shall oversee the general administration of the Authority and shall be
responsible for the following:

a) Management Services Office;

b) Planning and Monitoring Office;

c) Human Resource Office;

d) Legal and Land Adjudication Office; and

e) Special Projects and Programs Office

SEC. 15. Land Offices.- Permanent Field oifices at the city and provincial levels are
hereby established and shall be called Land Offices. The Authority may also
establish additional Land Offices in a city or province as it may determine for the
efficient and effective delivery of its services: Provided, That provinces and cities with
existing Registry of Deeds upon approval of this Act shall automatically be converted
into Land Offices of the Authority.

The Land Offices at the provincial and city levels shall be comprised of the
following offices: a) local surveys and mapping unit b) local registration and titling unit
) local public land administration unit d) Iocal records and information technology
Unit e) administrative support unit f) legal unit; and_g) such other units as may be
established thereat by appropriate directive of the Director General: Provided, That
the Land Offices herein created shall co-locate in a One-Stop-Shop concept as soon
as the necessary infrastructure is made available.

ARTICLE IV
LAND ADJUDICATION BOARD

SEC. 16. Creation of the Land Adjudication Board (LAB).- There is hereby
created a Land Adjudication Board (LAB). The LAB shall be the quasi-judicial body of
the Authority and shall have the following functions;

a) Exercise exclusive original jurisdiction over all matters involving the
implementation of laws, rules and regulations on land administration and
public land management, and all cases and/or controversies arising
therefrom: Provided, That all petitions for the correction of clerical or
typographical errors committed in writing, copying, transcribing or typing of
an entry in the maps, survey plans and certificates of land titles shall be
‘administratively addressed by the Authority's Land Offices;



b) Exercise exclusive original jurisdiction on conflicts arising from the
determination and adjudication in land administration and public land
management matters, except cases falling under the jurisdiction of the
Department of Agrarian Reform (DAR) under the Carp law and the National
‘Commission on Indigenous Peoples under the IPRA law unless specifically
provided herein: Provided, That jurisdiction over conflicts and cases arising
from ownership of private lands shall remain with the regular courts.
Provided further, That existing cases on land ownership and conflic!s
pending in the regular courts shall remain under the court’s jurisdiction
unless otherwise remanded by the courts to the Authority or LAB for
disposition subject to the pertinent provisions of this Act.

The LAB shall be under the administrative supervision of the Director General
and shall be divided into three divisions. Each division shall exercise equal powers,
independently resolving cases raised on appeal from the Local Lend Adjudication
Boards, created pursuant to Section 18 hereof, from Luzon, Visayas and Mindanao:
Provided, That the divisions assigned to handie cases from Visayas and Mindanao
shall hold permanent office in any of the cities therein.

‘SEC. 17. Composition.- Each Division of the LAB shall be composed of three (3)
members who shall be appointed by the President for a fixed term of four (4) years
and can be reappointed for another term of four (4) years .

All members of the LAB shall be members of the Philippine Bar with at least
ten (10) years experience in property and land edministration and management
matters.

The members of each division shall elect their Presiding Officer who shall
serve for a term of four (4) years.

SEC. 18. Local Land Adjudication Board.- Local Land Adjudication Boards (LAB)
are hereby created in all provincial and city Land Offices that shall serve as first level
board. The LLAB shall be composed of four (4) members. The Presiding Officer shall
be the Executive Land Officer, the two (2) other members shall be the head of the
local surveys unit and the head of the local registration unit while the fourth member
shall be a representative designated by the Chief Executive of the Local Government
Unit where the LLAB sits.

Decisions, orders and resolutions of the Local Land Adjudication Board shall
be raised on appeal to the LAB.

SEC. 19. Budget and Administrative Support. The LAB shall determine and
propose its budgetary requirements which shall be submitted as part of the
Authority's budget request. Disbursements of the approved budget resources shall
be the sole responsibility of the LAS. Secretariat services shall be provided by the
Authority.

SEC. 20. Proceedings and Procedure.- The LAB shall not be bound by technical
tules of procedure and evidence but shali proceed to hear and decide all cases,
disputes, or controversies in a most expeditious manner, employing all reasonable
means to ascertain the facts of every case in accordance with justice and equity and
the merits of the case. Toward this end, it shall adopt a uniform rule of procedure to
achieve a just, expeditious, and inexpensive determination of merits: Provided, That
it shall endeavour to settle disputes and controversies amicably.

In the exercise of its functions, the LAB shall have the power to summon
witnesses, administer oaths, take testimony, require submission of reports, compel
the production of books and documents and answers to interrogatories, issue
subpoena and subpoena duces tecum, and enforce its writs through sheriffs or other


duly deputized officers. It shall punish direct and indirect contempt in the same
manner and subject to the same penalties as provided for in the Rules of Court.

Responsible persons shall be allowed to represent themselves or their
organizations in any proceedings before the LAB: Provided, however, That when
there are two (2) or more representatives for any individual or group, the
representatives should choose only one from among themselves to represent such
party or group before any LAB proceedings.

SEC. 21. Finality of determination.- Any case or controversy before the LAB shall
be decided within thirty (30) days after it is submitted for resolution. Only one (1)
motion for reconsideration shall be allowed. Moreover, any order, award, ruling, or
decision shall be final after the lapse of fifteen (15) days from receipt by the parties of
a copy thereof.

SEC. 22. Frivolous Appeals.- To discourage frivolous or dilatory appeals from the
decisions, awards, rulings, or orders, the LAB may impose reasonable penalties
including, but not limited to, fines or censures upon erring parties.

ARTICLE V
JUDICIAL REVIEW

SEC. 23. Certiorari.- Any decision, order, award, of ruling of the LAB on any dispute
or on any matter pertaining to the application, implementation, enforcement, or
interpretation of this Act and other pertinent laws on land administration and public
land management may be brought to the Court of Appeals by certiorari within fifteen
(15) days from the receipt of a copy thereof.

The findings of fact of the LAB shall be final and conclusive if based on
substantial evidence.

SEC. 24. Restraining Order or Preliminary Injunction.- Only Court of Appeals and
the Supreme Court of the Philippines shall have jurisdiction to issue any restraining
order or writ of preliminary injunction against the Authority or any of its duly
authorized or designated offices in any case, dispute or controversy arising from,
necessary to, or in connection with the application, implementation, enforcement or
interpretation of this Act and other pertinent laws on land administration and public
land management

SEC. 25. Procedure on Review.- Review by the Court of Appeals or the Supreme
Court, as the case may be, shall be governed by the Rules of Court. The Court of
Appeals, however, may require the parties to file simultaneous memoranda within a
period of fifteen (15) days from notice, after which the case is deemed submitted for
decision.
ARTICLE VI
TRANSITORY PROVISIONS

‘SEC. 26. Transfer of Powers and Transition Plan.- The powers and functions of
the Authority heretofore vested by law in the DENR, the LRA/RoD, the LMB/LMS, the
DENR-CARP National Secretariat or in any office within or attached to these
agencies, are hereby transferred to and vested in the Office of the Director General
created under this Act

SEC. 27. Transfer of the NAMRIA as an Attached Agency of the LAA. - The
NAMRIA is hereby attached to the LAA. It shall retain its functions, structure,
budgetary allocation under the current General Appropriations Act and all properties,
equipment and other facilities necessary in the performance of its mandate.


SEC, 28. Integration of the LMB/LMS, the DENR-CARP National Secretariat and
the LRA/RoD.-The DENR’s Land Management Bureau, Land Management Services,
and CARP National Secretariat and its field offices, and the Land Registration
Authority and Register of Deeds, are hereby integrated into the Authority.

SEC. 29. Organization of the LAA The Authority's organizational and
administrative structure and functions and staffing pattern, including the personnel's
duties and responsibilities and the appropriate compensation package, shall be
submitted by the Director General for review and approval of the President and shall
be fully implemented within a period of six (6) months after such approval.

SEC. 30. Transfer of Personnel.- To ensure a smooth transition, all incumbent
personnel of the DENR’s LMB/LMS, the DENR-CARP National Secretariat and its
field offices and the LRA/RoD shall continue to perform their present duties and
functions as interim personnel of the Authority until such time, being not later than
twelve (12) months from the effectivity of this Act, that the regular staff of the
Authority, based on the new staffing pattern, shall have been appointed: Provided,
That all incumbent and qualified personnel of the DENR’s LMB/LMS, DENR-CARP
National Secretariat and its field offices, the LRA/RoD shall be prioritized in filing up
the appropriate positions for regular personnel of the Authority and its field offices.
Provided further, That the regular personnel shall be appointed by the Director
General, or his/her duly authorized representative, on the basis of ment, previous
permanent appointment, fitness and seniority.

The existing number of officials and employees of the Land Registration
Authority and other agencies to be integrated to the Land Administration Authority
shall not be increased and no new hiring shall be allowed until all of them shall have
been properly placed. Those who opt to stay shall retain their remuneration and
seniority. No official or personne! shall be dislocated and involuntarily separated,
except for cause.

SEC. 31. Separation Pay and Other Benefits.- Personnel who are not offered
appointment within twelve (12) months upon the effectivity of this Act under the new
staffing pattem of the Authority on at least equivalent terms and conditions as their
present employment by reason of duplication or redundancy and those who decline
an appointment in the Authority by reason of diminution in rank and conditions shall
be entitled to incentives at the rate equivalent to the following:

a) One (1) month of the basic salary for every year of government service
and a fraction thereof, for those who have rendered twenty (20) years of
service and below,

b) One and one-half (1 %4) month of the present basic salary for every year

‘of government service and a fraction thereof, computed starting from
the 1* year, for those who have rendered twenty one to thirty (21-30)
years of service; and

©) Two (2) months of the present basic salary for every year of government

service and a fraction thereof, computed starting from the 1* year, for
those who have rendered thirty one (31) years of service and above.
Affected personnel shall also be entitled to other benefits 2s may be
authorized by existing laws and regulations. Furthermore, they shall be entitled to the
refund of their contributions including government share to the Home Development
Mutual Fund (PAG-IBIG) and the Gcvernment Service Insurance System (GSIS) and
to the commutation of their unused vacation and sick leaves in accordance with
existing rules and regulations.
Employees who are offered appointments under the new staffing pattern of
the Authority without any diminution on rank and work conditions but who decline
such appointment shall be deemed to have voluntarily resigned and shall be entitled


only to separation benefits equal to those provided for by other laws: Provided, That
those who qualified to retire shall be allowed to retire and be entitled to all the
benefits provided under any of the existing retirement laws.

SEC. 32. Reemployment.- Government personne! who are separated as a result of
the integration of the aforecited offices may apply for positions and be employed in
other agencies or branches of the government including Government-Owned and/or
=Controlled Corporations (GOCCs), Government Financial institutions (GFls), or
local government units (LGUs).

SEC. 33. Unexpended Appropriations and Transfer of Assets.- The unexpended
balances of appropriations in the current General Appropriations Act and other laws
in force upon approval hereof, pertaining to, held, or used by, or available to the LRA
and RoD, the LMB, the LMS, the DENR-CARP National Secretariat and its field
offices, and the LAMP are hereby transferred to the Authority.

Such other unexpended balances of appropriations as may be deemed
appropriate by the Department of Budget and Management for transfer to the
Authority shall also be so transferred.

All real and personal properties, assets, liabilities, records, documents,
positions, appropriations, contracts and agreements which, upon the effectivity of this
Act, are vested in, or owned, by the LMB/LMS, the DENR-CARP Nationa! Secretariat
and its field offices, the LRA/RoD are hereby transferred to the Authority.

SEC. 34. Penal Provisions.- Any person who sells forms issued and distributed
gratuitously under this Act or who, being an officer charged with distributing them
refuses or fails without sufficient reason, to furnish the same, shall be punished for
each offense by a fine of not less than One hundred thousand pesos (P100,000.00)
and not more than One million pesos (P1,000,000.00) or imprisonment of not less
than six (6) months nor more than three (3) years, or both, at the discretion of the
court.

Any person, corporation, association, or partnership which, not being qualified
or no longer authorized to apply for registration purposes, files or induces or
knowingly permits another person, corporation, association, or partnership to file an
application in his/her or its behalf or for his/her or its interest, benefit, or advantage,
shall be punished for each offense by a fine of not less than One hundred thousand
pesos (P100,000.00) or imprisonment of not less than five (5) years, or both, at the
discretion of the court: Provided, That in case the offender is a corporation,
association, or partnership, their responsible officials shall be deemed jointly and
severally liable. The application shall be cancelled.

‘Any person who shall, by deceit or fraud, acquire or attempt to acquire lands
of the public domain or other real property or any right, title or interest, or property
right of any class to the same, and any person aiding and abetting him therein or
serving as a means or tool thereof, shall, upon conviction, be punished by a fine of
not less than One hundred thousand pesos (P 100,000.00)and imprisonment of not
less than six (6) years nor more than twelve (12) years, or both, at the discretion of
the court.

‘Any person who shall tamper or attempt to tamper any records of the
Authority that will result in the acquisition of rights, title or interest over real property
and any person aiding and abetting him therein or serving as a means or tool thereof,
shall, upon conviction, be punished by a fine of not less than Five hundred thousand
pesos (P500,000.00) and imprisonment of not less than twelve (12) years, or both, at
the discretion of the court.

For purposes of this Act, if the offender is a public official or government
official or employee, he or she shall be, in addition to the existing penalties, removed
from office, forfeit all retirement benefits except the monetary value of accumulated


leave credits, and be perpetually disqualified from holding any elective or appointive
public office.

SEC. 35. Preservation of Records. The Authority shall have possession and
control of all records, books, papers, offices, equipment, supplies, moneys, funds,
appropriations, land and other property, real or personal, held for the benefit or use
of all bodies, offices, and officers whose duties, powers, and functions have been
transferred to and conferred upon the Authority.

Pending a written notice of receipt issued by a duly authorized officer of the
Authority, it shall be the duty of any end all personnel responsible for, or in
possession of records relating to the affairs of the LMB, LMS, the DENR-CARP
National Secretariat and its field offices, the LRA and the RoD to protect and
preserve such records.

Without prejudice to any other penalties provided for by law, any person who
fails to fulfil one’s duty pursuant to the above paragraph, shall be guilty of an offense
against the provisions of this Act, punishable by a fine of not less than One million
pesos (P'1,000,000.00) or imprisonment of not more than five (5) years, or both, upon
the discretion of the court.

SEC. 36, Saving Clause.- All orders, determination, rules, regulations, permits,
certificates, licenses, and privileges which have been issued, made, or granted
effective by the former LMB, LMS, LRA, RoD, DENR-CARP National Secretariat and
its field offices, or their predecessors shall continue to be in effect according to their
terms until modified, terminated, superseded, set aside, or repealed.

No suit, action, or other proceeding commenced by or against any officer in
his official capacity as an officer of any division or unit of the former LMB, LMS, LRA,
RoD, DENR-CARP National Secretariat and its field offices, the functions of which
are transferred by this Act to the Authority shall abate by reason of this Act. In like
manner, no cause of action by or against such division or unit or by or against any
officer thereof in his official capacity shall abate by reason of the enactment of this
Act. Causes of actions, suits, or other proceedings may be asserted for or against
the Authority or such official of the Authority as may be appropriate

ARTICLE VII
MISCELLANEOUS PROVISIONS

SEC. 37. Use of Income.- The Authority is hereby authorized to use twenty percent
(20%) of all revenues derived from fees, charges and other sources in the
implementation of its projects.

SEC. 38. Assurance Fund. A special account within the LAA is hereby created for
the entire proceeds of the Assurance Fund, which shall no longer be paid to the
National Treasurer as provided for in Section 94 of Presidential Decree No. 1529.
The existing accounts of Assurance Fund created under PD 1529 held by the
National Treasurer shall be transferred to the LAA. Claims from the assurance Fund
shall be heard, decided and determined by the LAB. All pending cases or claims
‘against the Assurance Fund now being handled by the Bureau of Treasury, through
the Office of the Solicitor General, shall likewise be transferred to the LAB.
Thereafter, the National Treasurer shall no longer be impleaded as party in any
action against the Assurance Fund

SEC. 39. Indemnification of Officials and Personnel. The Authority shall
indemnify all officials and personnel for all costs and expenses reasonably incurred
by such persons in connection with any civil or criminal actions, suits, or proceedings


to which they may be or made a party by reason of the performance of their functions
or duties, unless they are finally adjudged in such actions or proceedings to be liable.

SEC. 40. Implementing Rules and Regulations.- Within sixty (60) days from the
effectivity of this Act, the Authority shall promulgate the rules and regulations to
implement the provisions of this Act.

SEC. 41. Repealing Clause.- The pertinent provisions of the CARL and the IPRA
with regard to the conduct of survey, approval of survey results, preparation and
issuance of tenure instruments, are hereby amended or modified accordingly

All other laws, decrees, orders, instructions, proclamations, rules and
regulations or parts thereof, including pertinent provisions of Commonwealth Act No.
141, Act No. 496, Presidential Decree No. 1529, Executive Order No. 192 and its
related rules and regulations; Executive Order No. 469 dated February 11, 1981 and
the subsequent Presidential Memorandum Circular dated 30 September 1988 and
their related rules and regulations; and the Administrative Code of 1987, which are
inconsistent with any provision of this Act, are hereby repealed, modified, or
amended accordingly.

SEC. 42. Separability Clause.- Should any provision of this Act or any part hereof
be declared unconstitutional or invalid by a court, the other provisions hereof which
are not affected thereby, shall remain in force and effect.

SEC. 43. Effectivity.- This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation.

Approved,