pore
st,

|. ROUSE
san

’, 6
pew

‘Republic of the Philippines
Bouse of Representatives
Queson City

Vi
fe RECENED
> one. OCF 2088

Tia:

Sixteenth Congress

First Regular Session

3109

House Bill No.

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

Land administration is the system and processes of recording and disseminating
information about the ownership, values, and uses of lands. These processes include
mapping and surveying, identification of alienable and disposable lands, land titling anc
transfers, land records, taxation and land valuations. The Philippine land administration
system is considered one of the most complex in Asia. Retaining much of its colonial
vestiges, the system is notoriously plagued with institutional defects, inconsistencies
and corruption.

Institutional defects include multiple land administration agencies and laws often
in a quagmire of overlapping functions and provisions. On the ground, they translate to
multiple land titling processes, multiple land valuations and standards for surveying and
mapping of lands, and multiple taxes on land ownership and transfers. These defects
lead to long delays in the issuance of titles and encourage the proliferation of fake titles
They also open multiple windows of opportunity for corruption and exploitation. In the
end, little confidence in the system is left of investors and the public.

Currently, there are about fifteen (15) agencies involved, principally the
Department of Environment and Natural Resources (DENR), the Land Registration
Authority (LRA) of the Department of Justice and the Department of Agrarian Reform
(DAR). The National Commission for Indigenous Peoples (NCIP) handles the issuance
of certificates of ancestral domain titles (CADTs) and certificates of ancestral land titles
(CALTs) to indigenous peoples. Other goverment agencies significantly involved in


land administration and management include the National Mapping and Resource
Information Authority (NAMRIA), the Land Management Bureau (LMB) and the Housing
and Land Use Regulatory Board (HLURB). These govemment functionaries are
engaged in either or both the legal processes in securing title to land, administratively
and/or judicially.

Having so many departments and agencies involved in land management and
administration inevitably results to confusion and long bureaucratic processes that often
lead to protracted and expensive litigation. The system is likewise burdened by
corrupted and neglected cadastral surveying and mapping systems which complicate
the tenure system, spawn conflicting claims and rights, and have created a large
informal market of land transactions prone to corruption and sinister activities.
Consequently, it has become more difficult for the government to collect the proper
taxes that could be used for public purposes.

This bill aims to integrate the key land administration agencies into a single
agency called the Land Administration Authority (LAA). The proposed LAA is
mandated, among other things, to reform the land administration system through
standardization of the titling process and eradication of fake and duplicate titles;
promotion of efficient mapping, land survey, classification, disposition and registration of
private and public lands; improvement of the effectiveness and efficiency, transparency
and accountability of land administration services, and establishment of an effective
land information system affordable and accessible to the general public.

Likewise, the bill seeks to rationalize the structure, powers and functions of the
different land administration agencies in order to increase the efficiency of the land
titling system and enhance the expeditious delivery of services to the people

Ultimately, this measure hopes to enable the land sector to contribute to national
development and to the poverty alleviation efforts of the government.

This measure has been filed in the 15" Congress and was approved by the
Committee on Government Reorganization.

For the foregoing reasons, the immediate consideration and approval of the bill is

earnestly urged.
himeidewas

Representative


wero He wD

aEPRES,
ey,

WOUSe

sant

“pen

Republic of the Philippmnes
‘Bouse of Representatives
Queson City
Sixteenth Congress
First Regular Session

House Bill No.8. 09

Introduced by HON. ROMEO M. ACOP

AN ACT
INSTITUTING REFORMS IN LAND ADMINISTRATION

Be it enacted by the Senate and the 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
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 titling
affordable, reliable and expeditious:

Assist in the attainment of the government's asset reform programs:
Accelerate and complete the distribution, titling and registration of alienable or
disposable lands to provide security of land tenure



Undertake reforms in land administration and management to ensure equitable
distribution and full utilization and development of alienable or disposable
lands:

Improve the efficiency, effectiveness, transparency and accountability of land
administration services.

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 govemment, with
expeditious delivery of services that are viable with sustainable land
administration programs and projects;

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:

Provide accessible, efficient and affordable land administration services to the
people through the establishment of one-stop shops nationwide

Establish an effective land information system and provide easy and affordabie
access to land information by members of the public:

Improve the skills of and career opportunities for government employees
engaged in the provision 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 land
related rights of men and women of the basic sectors, as defined in Republic Act
No. (RA) 8425. otherwise known as the "Social Reform and Poverty
Alleviation Act”


Ce eVynneawn

10
wu
2

4
15
16
v7
18
19
20
21
2
2B
24
25
26
27
28
29
30
a1
32
33

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)

(b)

(©)

(a)

(e)

1}

(g)

(h)

10}

10)

)

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 o¢cupying the position of Director General
of the Land Administration Authority created by this Act.

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,

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 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 a 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 ume.

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

(n) 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

(@ 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 II
CREATION OF THE LAND ADMINISTRATION AUTHORITY
Section. 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 goverment 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).

Section 5. General Powers and Functions of the Authority.- The Authority 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 Modemization
Act (AFMA), Republic Act 7916 or the Ecozone Law. RA. 6657 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 titling 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 the 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 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

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 data; subject,
however, to the requirements of security and confidentiality under existing laws;
and.

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

e) Other Functions


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

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 a 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

Section. 6 Stakeholder’s Advisory Committee. - The Authority shall be assisted by a

Stakeholders’ Advisory Committee composed of the foliowine

(@) 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:

(©) 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


eC ey ane wo

10
u
2
3B
4
15
16
v7
18
19

2
2
23
24
25
26
ed
28
29
30
a1
32
33

Section 7. Functions of the Stakekolder’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.

Section. 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.

Section 9. Secretariat and Logistical Support- The office of the Director General
shall provide secretariat and logistical support to the committee

ARTICLE It
IMPLEMENTING MECHANISM
Section 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;
(©) The Offices of the five (5) Assistant Directors General: and,
(d) Land Offices

Section 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.

(@) 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;

(©) Promulgate rules, regulations and other issuances necessary in carrying out the
Authority's mandate, objectives, policies, plans, programs and projects:



Ce Younea wn

@

(e)

@)

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

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.

Section 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:

©) Human Resource Office:

4) Legal and Land Adjudication Office: and

@) Special Projects and Programs Office

Section 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)

b)

©)

ro)

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

Land Title Registration - all technical programs, procedures and operations in
the registration functions of the Authonty.

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 Authonity

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.


1
2
3
4
5
6
7
8
9

10
1
2
B
14
15
16
7
18
19
20
2
22
23
24
25
26
7
28
29
30
31
32
33

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:

@)

b)

d)

e)

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 responsibility;

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

‘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
responsibility in the land offices of the Authority: and

Perform other functions as may be provided by law or assigned appropriately by
the Director Generai.

Section 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)
b)
°)
d)
°)

Management Services Office;
Planning and Monitoring Office;

Human Resource Office:

Legal and Land Adjudication Office: and
Special Projects and Programs Office

Section 15. Land Offices. - Permanent Field offices 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

10



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
‘Authonty.

‘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 c) local public
land administration unit d) local 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
Section 16. Creation of the Land Adjudication Board (LAB).- There is hereby created
aLand 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 conflicts
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 Land Adjudication Boards, created pursuant

a


to Section 18 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)
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 administration and management matters

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

Section 18. Local Land Adjudication Board.- Local Land Adjudication Boards
(LLAB) 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
Tepresentative 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.

Section 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
Tequest. Disbursements of the approved budget resources shall be the sole responsibility of
the LAB, Secretariat services shall be provided by the Authority

Section 20. Proceedings and Procedure. - 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. Toward this end, it shall adopt a uniform rule of procedure to achieve a just,
expeditious, and inexpensive determination of metits: Provided, That it shall endeavor 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

2


Sewenauneuwn

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

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. 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.

Section 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

Section 23. Certiorari.- Any decision. order. award, or 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

Section 24, Restraining Order or Preliminary Injunction.- Only the 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

Section 25, Procedure on Review. - Revi
Court, as the case may be, shall be govemed by the Rules of Court. The Court of Appeals.

y the Court of Appeals or the Supreme

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.
B


eo eyvounawn

10
ut
12
3
4
15
16
v7
18
19
20
a
2
23
24
25
26
7
28
29

31

32
33

ARTICLE VI
TRANSITORY PROVISIONS

Section 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.

Section 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

Section 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

Section 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

Section 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 filling 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
‘merit, previous permanent appointment, fitness and senionty

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

14



placed. Those who opt to stay shall retain their remuneration and seniority. No official or
personnel shall be dislocated and involuntarily separated. except for cause

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
pattem of the Authority on at least equivalent terms and conditions as their present
employment by reason of duplication or redundaney 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) vears of service and
below:

b) One and one-half (1%) 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 as 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 Government 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.

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 Govemment-Owned and/or ~Controlled
Corporations (GOCCs), Government Financial Institutions (GFis), or local government units
(LGUs).

15



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 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 National Secretariat and its field offices,
the LRA/RoD are hereby transferred to the Authority

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
Jess 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.

16


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

Section 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 and 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
(P1,000,000.00) or imprisonment of not more than five (5) years, or both, upon 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,
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

7


Co eyaunn wn

10
1
2
13
4
15
16
7
18
19
20
21
22
23
24
25
26
7
28
29
30
31
32
33

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 VIL
MISCELLANEOUS PROVISIONS

Section 37. Use of Income. The Authority is hereby authorized 10 use twenty
percent (20%) of all revenues derived from fees, charges and other sources in the
implementation of its projects.

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. 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

Section 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.

Section 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

Section 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

18



oN aunwn

the Administrative Code of 1987. which are inconsistent with any provision of this Act, are
hereby repealed, modified, or amended accordingly.

Section 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.

Section 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.