RECENVED
j DBE pe yy: on
SEVENTEENTH CONGRESS K Sot

TIME: "
CONGRESS OF THE PHILIPPINES s a
First Regular Session i BY: j
HOUSE OF REPRESENTATIVES

1173 | REGISTRATION UNIT
House Bill Now" “LLS AND INDEX SERVICE

[HOUSE °F wEPRESENTATIVES
F
|

Introduced by REPRESENTATIVE PIA S. CAYETANO.

EXPLANATORY NOTE

Land, as a valuable and vital resource, needs to be utilized properly and
developed appropriately with the general objective of sustainable development for
the Philippines and the present and future generations of Filipinos

The Philippines’ more than 7,100 islands form part of the country's 30 million
hectares of land. This sizeable yet scarce resource has to be shared by our growing
population, currently estimated at 80 million. It is thus imperative that our country's
land resources are effectively administered and equitably managed, a function that is
bestowed mainly on the national government

However, fundamental legal and institutional defects result from the current
structure where land administration functions such as land surverys, mapping,
classification, titling and disposition, and registration are being undertaken by
different government agencies. There is thus the need to reform the system of land
administration in our country through streamlining of these responsibilities within a
single agency

The proposed Land Administration Reform Act (LARA) of 2010 aims to
upgrade, systematize and integrate the administration, management and operations.
of the country’s land resources. It also aims to improve, rationalize and systematize
the land records, titling, documentation and information systems into an open,
updated, and reliable system.

The bill will lay the foundation for responsive and efficient land administration
and management and improve the delivery of land-related services to the general
public and reduce delays in land document processing and releases. The bill also
aims to enhance and improve transparency and governance in the land resource
and administration by cutting down the overly bureaucratic and technically-oriented
land titling and registration processes in the country.

Given the importance of efficient, effective, and responsible distribution and

management of lands in the country as a means for a sustainable development, the
immediate passage of this measure is earnestly urged

Fac 8 Caplin
PIA S. CAYETANO


SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
First Regular Session
HOUSE OF REPRESENTATIVES

94
House Bill No. _ i 73

Introduced by REPRESENTATIVE PIA S. CAYETANO

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

Be if enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled.

SECTION 1. Short Title. — This Act shall be known as “The Land Administration
Reform Act of 2016”

SEC. 2. Declaration of Policy.- It is hereby declared the policy of the State to
institute continuing reforms in land administration and management in order to
optimize and rationalize their contribution to the goals of national development,
tenurial security, eradication of poverty, and attainment of social, economic, cultural,
justice and asset reform, 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 in
order to increase the efficiency, effectiveness, transparency and
accountability and to expedite 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 cadastral mapping, cadastral surveying,
disposition, registration and management of land resources; and
(d) Develop, establish and maintain up-to-date, open, accessible, integrated and
computer-based land information and records.

SEC. 3. Definition of Terms. - For the purpose of this Act, the following terms shall,


eon oakona

WV

12
13
14
15
16
7

18
19
20
24

22
23
24
25
26
27
28
29
30
34

32
33
34

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 devoted to or suitable for the cultivation
of the soll, 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 land registration using electronic devices to
store the copy of certificates of title and other documents relative thereto.

(d) "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 Article XII, Section 4 of the 1987
Philippine Constitution

(e) ‘Consulta’ refers to the procedure wherein the issue of registrability 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 human-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 cadastral/parcellary
survey and mapping, 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


(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 for public record, and all persons who have interest in the land
may be informed thereof, actually or constructively, and be bound thereby if they
make no objections thereto within a specific time

(n) ‘Land Registration Authority (LRA)' refers to the agency which is formerly
attached to the Department of Justice (DOJ) but has been transferred to DENR by
virtue of Executive Order 690, including the Registry 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.

(q) “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

(1) “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
general laws, and are devoted to public use.

ARTICLE I
CREATION OF THE LAND ADMINISTRATION AUTHORITY

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

SEC. 5. General Powers and Functions of the LAA.- The LAA shall exercise the
following powers and functions

a) Cadastral/Parcellary Survey & Mapping
3


earn oanans

"4
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
ar
28
29
30
31
32
33

b)

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 taking into consideration the
protected areas created under RA 7586 or the National Integrated
Protected Areas System Act (NIPAS) of 1992;

2) In coordination with local government units and the pertinent agencies,
conduct and/or approve cadastral 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. 6657 or
the Comprehensive Agrarian Reform Law (CARL), and other existing laws
requiring survey and mapping;

3) Verify and approve all private land consolidation, subdivision and
consolidation-subdivision surveys intended for titling purposes:

4) Prescribe standards, rules and regulations for the conduct of all kinds of
cadastral/parcellary surveys and mapping and similar activities in
accordance with existing laws and internationally accepted principles,
practices and standards:

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

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

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;


ere aRonas

4
12
13
14
15
16
7
18
19
20
2
22

24
25
26
aT
28
29
30
34
32
33
34

¢)

qa)

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: Provided further, That patently fake titles shall
also be dealt with administratively by the LAA

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,

Land Records and Information Technology

1) Establish and maintain a secure, integrated, and accessible computerized
database of all cadastral/parcellary survey and mapping records,
registration and titiing 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 cadastral/parcellary survey, mapping, registration, titling

5


on aar ona

1
12
13
14
15
16
17
18
19
20
241
22
23
24
25
26
2
28
29
30
31
32
33
34

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

e) Other Functions

4) 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 cadastral/parcellary land
surveys including surveys intended for the implementation of
Commonwealth Act No. 141, as amended, Republic Act No. 6657 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, DENR-CARP National Coordinating Office 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.

Whenever any reference is made to the LRA/RoD, the LMB/LMS and the
DENR-CARP National Coordinating Office 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.

SEC. 6. Stakeholders’ Advisory Committee. - The LAA shall be assisted by a
Stakeholders’ Advisory Committee with 16 members composed of the following
(a) Six (6) representatives from the basic sectors composed of but not limites
to farmers, fisherfolk, urban poor, workers in the informal sector, indigenous peoples
and NGOs chosen through the nomination process of the National Anti-Poverty
6


RON

o

Commission (NAPC);

(b) One (1) representative from the NAPC Women's Sectoral Council;

() Five (5) representatives from the private sector appointed by the
President. One representative shall come from each of the following: business
sectorireal estate professionals, banking sector, academe, the geodetic engineer's
sector and the Integrated Bar of the Philippines;

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

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

The Director General may call on heads or representatives of other government
agencies to attend the meetings of the committee as the need arises.

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

SEC. 7, Functions of the Stakeholders’ Advisory Committee. - The committee
shall advise the LAA on the formulation of policies and policy development pertaining
to land administration and public land management and shall monitor their
implementation. It shall submit, within three months following the end of each

calendar year, a report to the President on its advisory and monitoring activities

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

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


ens

ernoan

"1
12
13
14
15
16
7
18
19
20
24
22
23
24

26
ior
28
29
30
31
32
33
34

ARTICLE tH
IMPLEMENTING MECHANISM

SEC, 10. Structure and Organization. ~ The LAA shall consist of
(a) The Office of the Director General,
(b) The Offices of the Deputy Directors General; and
(0) Land offices.

SEC, 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 (DG), of cabinet
tank, who shall be appointed by the President.
The Director General shall have the following functions:
(a) Advise the President on the promulgation of rules, regulations and other
issuances relative to land administration and public land management;
(b) Establish policies and standards for the efficient and effective operations
of the LAA in accordance with the programs of the government,
(c) Promulgate rules, regulations and other issuances necessary in carrying
out the LAA’s mandate, objectives, policies, plans, programs and projects;
(d) Exercise control and supervision over all functions and activities of the
LAA;
(e) Delegate authority over all powers, functions and activities of the LAA; and
(f) Perform such other functions as may be provided by law or assigned by
the President

SEC. 12. Office of the Director General. ~ The Office of the Director General shall
consist of the Director General, his immediate staff and the Office of the Legal
Services. The DG shall be appointed by the President and shall be a lawyer or a
geodetic engineer

SEC. 13. Deputy Directors General. - The Director General shall be assisted by
not more than five (5) Deputy Directors General (DDG) who shall be appointed by
the President. They shall oversee the land administration and public land
management functions of the LAA. They shall be responsible for the following

8


ox oar ona

SaAaRGSN GSO

17
18
19
20
2
22
23
24
25
26
Pad
28
29
30
31
32
33
34

(a) Land Registration;

(b) Land Surveying;

(c)_ Land Records and Information Technology,
(4) Land Administration; and

(e) Administration and Finance.

‘Atleast one of the Deputy Directors General shall be a member of the bar or a
geodetic engineer with at least five years experience in any land administration
function, The Deputy Director General for Land Registration should be a member of
the Philippine Bar with experience on land registration. The Deputy Director General
for Land Surveying shall be a geodetic engineer

The Director General is hereby authorized to delineate, assign and/or reassign
the respective functional areas of responsibility of the Deputy Directors General
Within his functional area of responsibility, a Deputy Director General shall have the
following functions

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

(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 responsibilty;

(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;

(f) Assist the Director General in the formulation, management and
implementation of land administration and public land management laws, policies,
plans, programs and projects, and

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

Provided, That aside from the functions stated herein, the Deputy Director
9


aon oak ona

"

12
13
14
15
16
7
18
19
20
21

22
23
24
25
26
27
28
29
30
31

32
33,
34

General for Land Registration shall exercise executive supervision over all clerks of
court and personnel of the regular courts throughout the Philippines with respect to

the discharge of their duties and functions in relation to the registration of lands:

Provided, further, That each office of the Deputy Director General may create
appropriate bureaus, in accordance with existing laws and regulations, as the need
arises

SEC. 14. 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 it 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: Provided, further, That the additional field offices may be abolished by the
Director General when these are no longer necessary.

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 its other registration functions in accordance with existing
laws.

ARTICLE IV
LAND ADJUDICATION BOARD

SEC. 15. Creation of the Land Adjudication Board (LAB). ~ There is hereby
created a Land Adjudication Board (LAB), The LAB shall be the quasi-judicial body
of the LAA 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

10


ew oanRon a

1

12
13
14
15
16
7
18
19
20
24

22
23
24
25
26
27
28
29
30
31

32
33
34

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 titles shall be administratively addressed by the LAA Land Offices; and

(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 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 shall be divided into three 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 17 hereof, from Luzon, Visayas,
and Mindanao: Provided, That whenever such a need arises, there shall be created
another division: Provided, further, That the divisions assigned to handle cases from

Visayas and Mindanao shall hold permanent office in any of the cities therein.

SEC. 16. Composition. - Each division of the LAB shall be composed of three (3)
permanent members who shall be nominated by the Stakeholder's Advisory
Committee and be appointed by the President: Provided, That the Director General
of the LAA shall sit as ex officio or fourth member of each division.

All members of the Land Adjudication Board shall be members of the Philippine
Bar with at least ten (10) years of experience in property and land administration and
management related matters. The permanent members of each division shall elect
their presiding officer.

SEC. 17. Local Land Adjudication Board. ~ Local Land Adjudication Boards
(LLAB) are hereby created in all provincial and city Land Offices that shall serve as
"4


ey oaark ena

"1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
a7
28
29
30
31
32
33

first level board. The LLAB shall be composed of three (3) members. The Presiding
Officer shall be the Executive Land Officer, the two other members shall be the head
of the local surveys unit and the head of the local registration unit

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

SEC.18. Budget and Administrative Support. - The LAB shall determine and
propose its budgetary requirements and 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.

SEC. 19. 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 merits: 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 ad lestificandum 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
shall choose only one from among themselves to represent such party or group
before any LAB proceedings

42


eorxoakeon a

"4
12
13
14
15
16
7
18
19
20
2
22
23
24
25
26
ar
28
29
30
31
32
33
34

SEC, 20. 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 motion
for reconsideration shall be allowed. Moreover, any order, award, ruling or decision
shall be final after the lapse of fifteen (15) days from receipt by the parties of a copy
thereof.

SEC. 21. 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 ering parties.

ARTICLE V
JUDICIAL REVIEW

SEC, 22. 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 fifteen
(15) 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,

SEC. 23. 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 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.

SEC. 24. Procedure on Review. ~ Review by the Court of Appeals or the Supreme

Court, as the case may be, shall be governed by the Rules of Court. The Court of

Appeals, however, may require the parties to file simultaneous memoranda within a

period of fifteen (15) days from notice, after which the case is deemed submitted for
13


SBoeoronnon as

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

decision.

SEC. 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.

SEC. 26. Transfer of Powers and Transition Plan. - The powers and functions of
the LAA heretofore vested by law in the DENR, LRA/RoD, LMB/LMS and DENR-
CARP National Coordinating Office 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.

SEC. 27. 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,

SEC. 28. Transfer of Personnel. - To ensure a smooth transition, all incumbent

personnel of the DENR’s LMB/LMS, LRA/RoD and DENR-CARP National

Coordinating Office and its field offices shall continue to perform their present duties
14


enon ona

st
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
34
32
33
34

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, LRA/ReD and DENR-
CARP National Coordinating Office and its field offices shall be allowed to fil 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

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

SEC. 29, 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 October 4, 2004

SEC. 30, 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/or -
controlled corporations (GOCCs), government financial institutions (GFls) or local
government units (LGUs)

SEC. 31. 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

15


er eaAnrwns

"1

12
13
14
15
16
7
18
19
20
24

22
23
24
25
26
27
28
29
30
WY

32
33
34

available to the LRA and RoD, the LMB, the LMS, the DENR-CARP National
Coordinating Office and its field offices, and the LAMP are hereby transferred to the
LAA,

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
Coordinating Office and its field offices, the LRA/RoD and the LAMP are hereby
transferred to the LAA

SEC. 32. 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 months nor more than three 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 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

16


OYAaR Ona

aa)
12
13
14
15
16
7
18
19
20
2
22
23
24
25
26
27
28
29
30
31
32
33
34

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 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 disqualified from holding any elective or appointive public
office

SEC. 33. 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 DENR-CARP National
Coordinating Office 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 fulfill 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.

17


eyoanron a

1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ar
28
29
30
31
32
33
34

SEC. 34. 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 Coordinating
Office 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 proceedings 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 Coordinating Office 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 VII
MISCELLANEOUS PROVISIONS

SEC. 35. Use of Income and Other Sources of Funds. - The LAA is hereby
authorized to use fifty percent (60%) 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 capacity building of LAA

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

SEC. 36. 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 Treasury as provided for in Section 94 of Presidential Decree No, 1529.

18


Rens

wr AS Os oF

"1
12
13
14
15
16
7
18
19
20
zt
22
23
24
25
26
27
28
29
30
31
32
33
34

Claims from the Assurance Fund shall be heard, decided and determined by
the LAB. All pending cases or claims against the Assurance Fund now being
handled by the Bureau of Treasury, through the Office of the Solicitor General, shall
likewise be transferred to the LAB, Thereafter, the National Treasurer shall no longer
be impleaded as party in any action against the Assurance Fund

SEC. 37. 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.

SEC. 38. 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, In the process of the formulation of the IRR for
this Act, consultations shall be made with the Stakeholders’ Advisory Committee and
submitted to the Office of the President for approval. Copies of the IRR shall be
distributed to the Congressional Oversight Committee on Land Administration
created under Section 39 hereof,

SEC. 39. Congressional Oversight Committee on the Land Administration
Reform Act. ~ There is hereby created a Congressional Oversight Committee on the
19


enone ona

1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Land Reform Act composed of seven (7) members from the Senate and seven (7)
members from the House of Representatives to be designated by the Senate
President and the House Speaker, respectively. 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 years, 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

SEC. 40. Separability Clause. - Should any provision of this Act or any part hereof
be declared unconstitutional or invalid by a court, the other provisions hereof which
are not affected thereby shall remain in force and effect.

SEC, 41. Repealing Clause. ~ All laws, decrees, orders, instructions, proclamations,
rules and regulations or parts thereof, including pertinent provisions of
Commonwealth Act No. 141, Act No. 496, Presidential Decree No, 1529, Executive
Order No. 192 and its related rules and regulations; Executive Order No. 469 dated
February 11, 1981 and the subsequent Presidential Memorandum Circular dated 30
September 1988 and their related rules and regulations; and the Administrative Code
of 1987, which are inconsistent with any provision of this Act, are hereby repealed,
modified, or amended accordingly

SEC. 42. 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,

20