3.0 Jul 201
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Republic of the Philippines PH
HOUSE OF REPRESENTATIVES Apes
Quezon City
SIXTEENTH CONGRESS

First Regular Session

House Bill No. 2044

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
INSTITUTING REFORMS IN THE LAND ADMINISTRATION SYSTEM,
CREATING FOR THIS PURPOSE, THE LAND ADMINISTRATION
AUTHORITY, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Land is the most tangible and limited resources of any country. It is similarly the
most valuable commodity priced 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 by its people for the sake of generations to come.

Because land is a 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 the utilization, management and ownership of land. The
responsibility of ensuring that the benefits accruing to the country's land resources rests
with national and local governments. In the case of national government, the
Department of Environment and Natural Resources (DENR), it 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 (LMB), is further
mandated to dispose and issue titles to another 6.0 million hectares of untitled lands
that has been released and classified as alienable and disposal (A&D) lands. On the
other hand, the Land Registration Authority (LRA) is responsible for the registration of

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issued titles released by the DENR or judicially decreed lands totaling another 6 million
hectares. However, both agencies operate on totally different systems of records,
information and document management systems and are guided by outdated legal
mandates (e.g. Public Land Act of 1936 and Land Registration Act of 1902/Property
Registration Decree of 1978) that are not any more 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 income from real property
taxes and land related transactions such as the transfer taxes.

A joint study by the Bureau of Local Government Finance (BLGF) and the
National Tax Research Centre (NTRC) of the Department of Finance, reported that the
period 2000-2005, that LGUs are losing 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 system, 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 for is a mere 12.5 % of the
total revenues generated by LGUs,

The proposed Land Administration Reform Act of 2013 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,
rationalize and systematize the land records, titling, documentation and information
systems into an open, updated, and reliable systems. The bill further 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 aims to enhance and improve
transparency and governance in the land resource and administration system but
cutting down the overly bureaucratic, technically-oriented land titling and registration
processes in the system

Some of the main features of the proposed Land Administration Reform Act of
2013 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-level Land Adjudication
Boards (LAB) as quasi-judicial bodies that would resolve and address to
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;

d) Establishment of a multi-sectoral 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;

f) Strengthen fiscal autonomy and eliminate graft and corruption in the
lands 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 Administration Reform Act of 2013 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 2013 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 Administration
Reform Act of 2013 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, we
therefore submit this proposed bill for approval by the Philippine House of
Representatives.

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DIOSDADO MACAPAGAL ARROYO —-GLORIA“MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS.
First Regular Session

House Bill No, 2044

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
INSTITUTING REFORMS IN THE LAND ADMINISTRATION
SYSTEM, CREATING FOR THIS PURPOSE, THE LAND
ADMINISTRATION AUTHORITY, AND FOR OTHER
PURPOSES

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.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of
the State to institute continuing reforms in land administration and
management so that their contribution to the goals of national development,
tenure security, eradication of poverty, and attainment of social, economic,
and cultural justice can be optimized and realized. Towards this end, the
State shall:

(a) _ Integrate and rationalize the structure, powers,
functions, and responsibilities of the different agencies
involved in land administration and management with the
view of increasing their efficiency, _ effectiveness,
transparency, accountability and speed in the delivery of
services;


(b) Undertake reforms in land administration and
management to ensure equitable distribution and full
utilization and development of land resources;

(c) Provide an efficient and effective classification,
mapping, surveying, disposition, registration and
management of land resources; and

(4) Develop, establish and maintain an up-to-date,
open, accessible, integrated and computerized land
information records database.

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

(a) “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.

(b) "Agricultural lands” refer to lands actually
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 subclassified as residential
land, commercial land or industrial land

(c) “Automated registration system” refers to a
system using appropriate technology for scanning, recording
and registering land through the use of electronic devices to
store the copy of certificates of title and other documents
relative thereto

(4) “Classification and reclassification’ refers 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 Section 4, Article XII of
the 1987 Philippine Constitution

(©) “Consulta” refers to the procedure wherein the
issue of registrabllity of certain instruments is resolved in
accordance with Presidential Decree No. 1529.

(f) “Director General’ refers to the person
occupying the position of Director General of the Land
Administration Authority created by this Act

(g) “Land” refers to resources, both man-made and
natural, found on the surface, below and above the ground,
including inland waters and the air therein.


(h) “Land Administration and Management Project
(LAMP)” refers to the project office providing technical and
administrative support to the interagency endeavor of the
Philippine government to identify strategic directions toward
land administration reform in land institutions, laws, taxes and
fees, and valuation

(i) ‘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
titles 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 to assist in planning and decision
making

(k) “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.

(m) “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 a matter of 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

(n) “Land Registration Authority (LRA)" refers to the
attached agency of the Department of Justice (DOJ),
including the Registers of Deeds (RoD)

(0) "National Mapping and Resources Information
Authority (NAMRIA)" refers to the agency known by that
name attached to the DENR.

(p) “President” refers to the President of the
Philippines.

(a) “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


(r) “Public lands" refers to lands which have not been
subject to private property rights or subject to sale or other
modes of acquisition or concession under general laws, and
are devoted to public use

ARTICLE I!
CREATION OF THE LAND ADMINISTRATION AUTHORITY

SECTION 4. Creation of the Land Administration Authority (LAA). - To
carry out the objectives of this Act, the Land Administration Authority (LAA)
is hereby created and placed under the Office of the President. The LAA
shall be the principal government agency responsible for land
administration and public land management.

SECTION 5. General Powers and Functions of the LAA, ~ The LAA
shall exercise the following duties, 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 surveys 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
Republic Act No. 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 Republic Act No
7160 or the Local Government Code, Republic Act No. 7279
or the Urban Development and Housing Act, Republic Act No.
8435 or the Agriculture and Fisheries Modernization Act
(AFMA), Republic Act 7916 or the Ecozone Law, Republic Act
No. 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;


(6) 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 No. 1529 as amended;
provided, that prior to registering a tenure instrument
and issuing an original certificate of title based thereon,
the LAA 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, Presidential Decree 1529 and
pertinent laws; and

(3) Compile a nationwide master list of suspected
spurious land 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 LAA 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 the LAA

c 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 the
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 releasing alienable and disposable
lands of the public domain for the accelerated implementation
of agrarian reform, socialized housing, resettlement and other
government programs requiring land

D. 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; and

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

In addition to the foregoing, the LAA is tasked to do the following,

(1) Formulate and recommend policies 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) Conduct, regulate, verify and approve all types of land
surveys including surveys intended for the implementation of
Commonwealth Act No. 141, as amended, Republic Act No, 6857 or the
Comprehensive Agrarian Reform Law (CARL) and Republic Act No. 8371
or the Indigenous Peoples’ Rights Act of 1997 (IPRA);

(5) _ Enter into contracts in the implementation of this Act, subject
to existing laws;

(6) Perform such other powers and functions as are currently
lodged with the LRA/RoD, LMB/LMS, NAMRIA, DENR-CARP National
Secretariat under PD 1529, CA 141 as amended and other existing laws
and issuances; and

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

Provided, that 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 a duty, power, purpose, responsibility or
jurisdiction transferred to the LAA by this Act, it shall be deemed to be a
reference to, and to mean, the LAA and the Director General of the LAA, as
the case may be


SECTION 6. Stakeholders’ Advisory Committee (SAC). - The LAA
shall be assisted by a Stakeholders’ Advisory Committee which shall be
composed of the following

(a) Nine (9) representatives from the basic sectors
chosen through the nomination process of the National Anti-
Poverty Commission (NAPC);

(b) Three (3) representatives from the private
sector appointed by the President, provided, that two shall
come from the business sector and the Geodetic Engineer's
sector, respectively;

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

(d) The Director General, as ex-officio member.

The President shall designate the chairperson from among the
members of the SAC. Except for the LAA Director General, the members
of the SAC shall not hold office in the LAA nor receive any salary in
connection with their appointment. They, however, shall be entitled to such
allowances and honoraria as are allowed by the rules and regulations
promulgated by the Commission on Audit for actual attendance during
meetings.

SECTION 7. Functions of the SAC. ~ The SAC shall be primarily in
charge in advising the LAA on the formulation of policies and policy
development pertaining to land administration and public land management
and in monitoring their implementation, The SAC shall submit within three
(3) months following the end of each calendar year a report to the
President on its advisory and monitoring activities.

SECTION 8, Meetings of the SAC. - The chairperson of the SAC shall
convene the same for regular meetings at least once every quarter. Special
meetings may also be called anytime by the chairperson or at the initiative
of at least three (3) members.

SECTION 9. Secretariat and Logistical Support. — The office of the
LAA Director General shall provide secretariat and logistical support to the
SAC.

ARTICLE Il
IMPLEMENTING MECHANISM

SECTION 10. Structure and Organization. - The LAA shall be
composed of the following offices

(a) The office of the Director General;


(b) The offices of the Deputy Directors General;

(c) The offices of the Assistant Directors General;
and

(d) Land offices.

SECTION 11, The Director General. - The authority and responsibility
for the exercise of the mandate of the LAA, the accomplishment of its
objectives and the discharge of its powers and functions shall be vested in
the Director General who shall be appointed by the President and be
entitled to a cabinet rank. In particular, 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) Serve as ex officio member of each division of
the Land Adjudication Board pursuant to Section 16 hereof,

(©) Establish policies and standards for the efficient
and effective operations of the LAA in accordance with the
programs of the government;

(4) Promulgate rules, regulations and other
issuances necessary in carrying out the LAA’s mandate,
objectives, policies, plans, programs and projects;

(e) Exercise control and supervision over all
functions and activities of the LAA; and

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

SECTION 12. Office of the Director General. — The office of the
Director General shall consist of the Director General, his immediate staff
and the Office of the Legal Services.

SECTION 13. Depuly Directors General. — The Director General shall
be assisted by at least three (3) Deputy Director General who shall be
appointed by the President, At least one of the Deputy Director General
shall be a member of the bar or a geodetic engineer with at least five (5)
years experience in any land administration function. For this purpose, the
Director General is hereby authorized to delineate, assign and/or reassign
the respective functional areas of responsibility of the Deputy Director
General

Within his functional area of responsibility, a Deputy Director
General shall have the following duties:


(a) _ Advise the Director General in the promulgation
of administrative orders and other issuances with respect to
his area of responsibility;

(b) Exercise supervision over the _ offices,
departments or operating units, and officers and employees
under his responsibility;

(c) Promulgate rules and regulations that will
efficiently and effectively govern the activities of the units
under his responsibility;

(d) Coordinate the functions and activities of the
units under his responsibility with those of other units under
the responsibility of other Deputy Directors General;

(e) Exercise authority on substantive and
administrative matters related to the functions and activities of
the units under his responsibility as may be delegated by the
Director General; and

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

SECTION 14, Assistant Directors General. - The Director General and
Deputy Directors General shall be assisted by five (5) Assistant Director
General in the formulation, management and implementation of land
administration and public land management laws, policies, plans, programs
and projects.

SECTION 15. Land Offices. - Permanent field offices at the city and
provincial levels are hereby established and shall be called Land Offices.
The LAA may also establish additional Land Offices in a city or province as
may be determined 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 establish Land Offices.

The Land Offices shall be headed by an Executive Land Officer.
He/She shall exercise general supervision on land survey, land registration,
public land administration and record and information management within
his/her jurisdiction. He/She shall also implement such other functions of the
LAA in his/her respective area of responsibility as may be delegated by the
Director General to provide a more efficient and effective delivery of
services. Provided, that the registration personnel shall continue to
exercise their other registration functions in accordance with existing laws


ARTICLE IV
LAND ADJUDICATION BOARD

SECTION 16. Creation of the Land Adjudication Board (LAB). - There
is hereby created a quasi-judicial body called the Land Adjudication Board
(LAB) which shall discharge 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 certificate of land ties shall be administratively
addressed by the LAA 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 conflicts
pending in the regular courts shall remain under the regular
courts! jurisdiction unless otherwise remanded by the courts
to the LAA 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 be divided into three (3) divisions. Each division shall
exercise equal powers, independently resolving cases raised on appeal
from the decisions of the Local Land Adjudication Boards, created pursuant
to Section 14 hereof, from Luzon, Visayas, and Mindanao: Provided, That
the divisions assigned to handle cases from Visayas and Mindanao shall
hold permanent office in any of the cities therein.

SECTION 17. Composition. - Each division of the LAB shall be
composed of three (3) permanent members who shall be appointed by the
President: Provided, that the Director General of the LAA shall sit as ex
officio member of each division

The permanent members of each division shall elect their presiding
officer.

SECTION 18. Local Land Adjudication Board. - A Local Land
Adjudication Board (LLAB) is hereby created in every provincial and city

10


Land Office which shall serve as first level board. The LLAB shall be
composed of three (3) members and shall be presided by the Executive
Land Officer. The remaining members of the LLAB shall be the heads of
the local surveys unit and the local registration unit, respectively

Decisions, orders, and resolutions of the LLAB are appealable to the
LAB

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

SECTION 20. Proceedings and Procedures, ~ The LAB shall not be
bound by technical rules of procedure and evidence but shall 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.
Towards this end, it shall adopt uniform rules of procedure to achieve a
just, expeditious and inexpensive determination of the merits of every case,
provided, that it shall exert utmost efforts in all instances to settle disputes
and controversies amicably.

In the exercise of its administrative and adjudicatory 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 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.

SECTION 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

Any order, award, ruling or decision of the LAB shall become final
and executory after the lapse of fifteen (15) days from receipt by the parties
of a copy thereof.

SECTION 22. Frivolous Appeals. - The LAB may deny motu proprio
any appeal which in its determination is frivolous or dilatory.

i


ARTICLE V
JUDICIAL REVIEW

SECTION 23. Certiorari, - Any decision, order, award or ruling of the
LAA 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 sixty (60) days from the receipt of a
copy thereof.

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

SECTION 24, injunctive Relief, ~ Only the Court of Appeals and the
Supreme Court of the Philippines shall have jurisdiction to issue any
temporary restraining order and/or writ of preliminary injunction against the
LAA 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.

SECTION 25. Procedure on Review. - The disposition by the Court of
Appeals or the Supreme Court of any appeal brought under this Act shall
be governed by applicable provisions of the Rules of Court.

SECTION 26. Authenticity and Validity of Land Record and Titles. —
The LAA shall have the sole authority and power to validate, authenticate
and reconsitutute land titles and land ownership records and information;
provided, that existing cases filed under the regular courts shall remain
under its jurisdiction unless remanded to the LAA

ARTICLE VI
TRANSITORY PROVISIONS

SECTION 27. Transfer of Powers and Transition Plan. - The powers
and functions of the LAA heretofore vested by law in the DENR, DOJ,
LRA/RoD, LMB/LMS and 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. The Director General shall be
responsible for the identification, preparation and formulation of a transition
plan to ensure the smooth and seamless transfer and assumption of
powers, functions and personnel from the abovementioned agencies to the
LAA; provided, that such transition plan shall be prepared, formulated and
developed in consultation with the affected agencies and its representative
stakeholders; provided further, that the transition plan shall integrate such
other actions and activities necessary, including provisions under this
section and as provided for under this Act to complete the transition to the
LAA


SECTION 28. Transfer of the NAMRIA as an Attached Agency of the
LAA. - The NAMRIA is hereby attached to the LAA. It shall retain its
structure, budgetary allocation under the current General Appropriations
Act, and all properties, equipment, and other facilities necessary in the
performance of its mandate.

SECTION 29. Organization of the LAA. — The LAA'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 within
six (6) months upon approval of this Act for review and approval of the
President and shall be fully implemented within a period of six (6) months
after such approval of the President.

SECTION 30. Transfer of Personnel, - To ensure a smooth transition,
all incumbent personnel of the DENR’s LMB/LMS, DENR-CARP National
Secretariat and its field offices, the DOv's LRA/RoD shall continue to
perform their present duties and functions as interim personnel of the LAA
until such time, being not later than twelve (12) months from the effectivity
of this Act, that the regular staff of the LAA, 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 DOv's LRA/RoD shall be allowed to fill
up the appropriate positions.for regular personnel of the LAA 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 merit, previous permanent appointment, fitness, and seniority.

SECTION 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 pattern of the LAA 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 LAA by reason
of diminution in rank and conditions shall be entitled to the separation pay
and other benefits in accordance with Sections 10.1 to 10.3 and 13 of
Executive Order No. 366 dated 04 October 2004

SECTION 32, Reemployment. - Government personnel 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 controlled corporations
(GOCCs), government financial institutions (GFls) or local government
units (LGUs),

SECTION 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 Rob, the LMB, the LMS,
the DENR-CARP National Secretariat and its field offices, and the LAMP
are hereby transferred to the LAA.

13


Such other unexpended balances of appropriations as may be
deemed appropriate by the Department of Budget and Management for
transfer to the LAA 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 National Secretariat and its field offices, the LRA/RoD
and the LAMP are hereby transferred to the LAA.

SECTION 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 (P100,000.00) and imprisonment of not less than five (5) 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 LAA 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

14


disqualified from holding any elective or appointive public office

SECTION 35. Preservation of Records. - The LAA 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 LAA.

Pending a written notice of receipt issued by a duly authorized
officer of the LAA, it shall be the duty of any and all personnel responsible
for, or in possession of records relating to the affairs of the LMB, the LMS,
the DENRCARP 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 his/her 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 (P1,000,000,00) or imprisonment of
not more than five years, or both, at the discretion of the court

SECTION 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, and LAMP, 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, and LAMP, the functions of which are transferred by this Act to
the LAA 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 LAA or such official of the LAA, as may be appropriate.

ARTICLE Vil
MISCELLANEOUS PROVISIONS.

SECTION 37. Use of Income and Other Sources of Funds. - The LAA
is hereby authorized to use thirty percent (30%) of all revenues derived
from fees, charges, fines, penalties and other sources for capital outlay on
infrastructure, procurement of equipment and services related to the
integration, updating and maintenance of computer-based land information
and database system, training and skills upgrading including personnel
canacitv buildina of LAA.


In addition, the LAA shall be allowed to receive, hold and utilize
funds from grants, donations, contributions and other gratuitous sources
both foreign and local for the implementation of its mandate, programs and
projects, subject to existing rules and regulations

SECTION 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. 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 a party in any action against the Assurance Fund

SECTION 39, Indemnification of Officials and Personnel. - The LAA
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.

In the event of settlement or compromise, indemnification shall be
provided only in connection with such matters covered by the settlement as,
to which the LAA is advised by an external counsel that the persons to be
indemnified did not commit any gross negligence or misconduct

The costs and expenses incurred in defending the aforementioned
action, suit or proceeding may be paid by the LAA in advance of the final
disposition of such action, suit or proceeding upon receipt of an
undertaking by or on behalf of the Director General wherein the official or
employee shall repay the amount advanced should it ultimately be
determined by the LAA that such official or employee is not entitled to be
indemnified as provided in this section

SECTION 40. Implementing Rules and Regulations, — Within sixty (60)
days from the effectivity of this Act, the LAA shall promulgate the rules and
regulations to implement the provisions of this Act. Said rules and
regulations shall be submitted to the Congressional Oversight Committee
on Land Administration created under Sec. 41 hereof.

SECTION 41. Congressional Oversight Committee on the Land
Administration Reform Act. - There is hereby created a Congressional
Oversight Committee composed of seven (7) Members from the Senate
and the House of Representatives, respectively to be designated by the
Senate President and the House Speaker, as the case may be. The
Committee on Environment and Natural Resources shall act as chair

The Congressional Oversight Committee, which shall function for a
period of not more than three (3) years, shall review the implementing rules

16


and regulations promulgated by the LAA including the procedures on
claims against the Assurance Fund and shall oversee the implementation
of this Act

The secretariat of the Congressional Oversight Committee shall be
drawn from the existing secretariat personnel of the committees of the
Senate and the House of Representatives comprising the oversight
committee and the funding for its operations shall be taken from the
existing budget of the concerned committees

SECTION 42. Separabilily 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.

SECTION 43. Repealing Clause, - The provisions of PD 1529
pertaining to the Assurance Fund, and their implementing rules and
regulations 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

SECTION 44, 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,