Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No._2620

Introduced by HON, IGNACIO T, ARROYO.

EXPLANATORY NOTE

The most important natural resource, upon which all human activity is based since time
immemorial is land. As a valuable and vital resource, land 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. It is then very important 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 surveys, mapping, classification, titling and
disposition and registration are being undertaken by different government agencies. These
institutional and structural defects in land administration caused major inefficiencies including
extensive delays in the disposition and titling of alienable and disposable land, inaccurate and
incomplete land records, duplicate and fake titles, duplication and overlapping of activities
between government agencies, and unnecessary costs to both the national and local
governments and the general public.

There is thus the need to reform the system of land administration in our country.
The proposed Land Administration Reform Act aims to strengthen the integrity and
marketability of land titles, survey plans, and other public documents pertaining to the
country’s land resources. It is also a strategy to shorten the notoriously tedious documentation
process of acquiring and/or transferring proof of ownership of lands by consolidating and
streamlining basic land administration functions within a single government agency.

Among the salient features this bill includes:

1. Creation of Land Administration Authority (LAA)- Consolidates under one agency major
land administration functions such as surveying, mapping, land classification, titling, and
registration, which are currently dispersed by virtue of separate institutional charters
among the Department of Environment and Natural Resources (DENR), Department of
Land Reform (DLR), National Commission on Indigenous Peoples (NCIP), and Land
Registration Authority (LRA) of the Department of Justice (DoJ).



2. Creation of the Land Adjudication Board, which shall exercise original jurisdiction over
all matters involving the implementation of laws, rules and regulations on land
administration and public land management including 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, except those cases
falling under the jurisdiction of the Department of Land Reform (OLR) pursuant to the
Comprehensive Agrarian Reform Law.

3. Provides an efficient feedback mechanism through the creation of a Stakeholders
Advisory Committee, composed of representatives from the basic sectors, which shall
assist the Land Administration Authority in the formulation and evolution of policies
pertaining to land administration and public land management, and shall monitor the
implementation and impacts of relevant policies and programs.

This Bill has been approved on third reading by the House of Representatives during the
14" Congress.

In view of the foregoing, the immediate passage of this measure is earnestly urged.

IGN, nee ae

‘epresentative
5% District, Negros Occidental


RON

ao

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Sessi

House Bill No. 2620

~ Introduced by HON. IGNACI

AN ACT
INSTITUTING REFORMS IN LAND ADMINISTRATION

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE
GENERAL PROVISIONS

SECTION 1. Short Title. This Act shall be known as “The Land Administration
Reform Act of 2010.”

Sec. 2. Declaration of Policies.- \t 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 on land registration and titling affordable,
reliable and expeditious;

d) Assist in the attainment of the government’s asset reform programs;

e) Accelerate and complete the distribution, titling and registration of alienable or

disposable lands to provide security of land tenure;


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f) Undertake reforms in land administration and management to ensure equitable

distribution and full utilization and development of alienable or

isposable lands;

4) Improve the efficiency, effectiveness, transparency and accountability of land

administration services;

h) Rationalize the structure, powers and functions of the different land

axlministration agencies and imegrate all land administration and registration
policies, plans, programs and projects of various government agencies to increase
the efficiency of the land titling system of the government, with expeditious
delivery of services that are viable with sustainable land administration programs

and project

i) 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;

j) Establish an administrative system for the cancellation of duplicate and fake titles
and the

radication of land grabbing activities;

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

OB

tablish an effective land information system and provide easy and affordable
access to land information by members of the public;

m) Improve the skills of and career opportunities for government employees engaged
in the provision of land administration services;

n) Rationatize and clarify the entitlements of persons to land titles to make the
process of issuing original titles fast and low-cost;

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

p) Identity and reduce disincentiv

s to the registration of property transactions;

4) Mainstream yender in all aspects of the land administration system; and

1) Recognize, respect, ensure participation and as:

in the enforcement of land
related rights of men and women of the basic sectors, as defined in Republic Act
No. 842:

. otherwise known as the “Social Reform and Poverty Alleviation Act”.

rs)


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

3 4) Alienable and disposable lands” refers to agricultural lands of the public domain
4 which have been delineated, classified and certified as available for disposition

under the Public Land Act;

6 b) “Agricultural lands” refers to lands devoted to or suitable for the cultivation of the
7 soil, planting of crops or growing of trees, and not classified as mineral land,
8 forest land or national park, or sub-classified as residential land, commercial land
9 or industrial land;
10 ©) “Automated Registration System” refers to a system using appropriate technology
ul for scanning, recording and land registration using electronic devices to store the
12 copy of certificates of title and other documents relative thereto;
13 d) “Classification and Reclassification” refers to the act of Congress in setting the
14 specific limits of forest lands and national parks and increasing or decreasing their
1s boundaries by law, as provided for in Article XI, Section 4 of the 1987 Philippine
16 Constitution;
W e) "Consulta" refers to the procedure wherein the issue of registrability of certain
18 instruments is resolved in accordance with Presidential Decree No; 1529;
9 f) “Director General” refers to the person occupying the position of Director
20 General of the Land Administration Authority created by this Act:
2 ¥) “Land” refers to resources, both man-made and natural, found on the surface,
2 below and above the ground, including inland waters and the air therein;
23 h) “Land Administration and Public Land Management” refers to the administration
24 of all functions, powers and activities related to the mapping, land survey,
25 classification, ownership, disposition, and registration of land titles and deeds, and
26 the management of public lands;
7 i) “Land Information System” refers to a system of linking textual attributes (such
28 as ownership, identity, location and value) of land into spatial reference designed
29 to facilitate access to information and assist in planning and decision making;
30 j) “Land Management Bureau (LMB)” refers to the ff Bureau of the Department
3L of Environment and Natural Resources (DENR);


id 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 time:

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

hn) “National Mapping and Resource Information Authority (NAMRIA)” refers to
the agency known by that name attached to the DENR;

0°

p) “Public domai

ssident” refers to the President of the Philippines

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

4) “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 If
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 (herein after referred to as the
Authority) is hereby created and placed under the Office of the President. It shall be the
primary government agency responsible for land administration and public land
management,

‘The Authority shall be the sole agency that shall prepare, issue and register all titles to
land issued pursuant to Commonwealth Act 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).


5. General Powers and Functions of the Authority.- The Authority shall

exereise 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 Republic Act 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 Li

w, 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); and other existing laws requiring survey and

mapping:

4) Verify and approve all private land consolidation, subdiv

n 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;


H 6) Prescribe a uniform base map that shall be used for all public and private

2 mapping activities, and provide convenient and affordable public access to the
3 same; and

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

6 b) Land Registration

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

3 2) Establish and maintain an appropriate custodial and storage system that shall
14 ensure the security and integrity of all registration and titling records, subject
15 to the provisions of Act No. 496, Presidential Decree 1529 and pertinent laws;
16 and

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

26 ¢) Public Land Administration
27 1) Administer, manage and/or dispose of all alienable and disposable lands of the
28 public domain under the provisions of Commonwealth Act No. 141 otherwise
29 known as the Public Land Act, as amended, Friar Lands under the provisions


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13

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16

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19

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of Act No. 1120, patrimonial property of the National government under Act

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, soci

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 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 ad confidentiality under

e

isting 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.

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;


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5) Perform such other powers and functions as are currently lodged with the
LRA/RoD, LMB/LMS, NAMRIA, DENR-CARP National Secretariat under
PD 15

141 as amended and other exi

ing laws and issuances; and

6) Perform such other functions as are necessary, proper and incidental to

implement the provisions of this Act

Whenever any relerence is made to the LRA/RoD, the LMB/LMS and the DENR-
CARP National Sceretariat 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.

See. 6. Stakeholder's Advisory Commitee. The Authority shall be assisted by a
Stakeholders’ Advisory Committee composed of the following:

a) Six representatives from the basic

;ctors chosen through the nomination process

of the National Anti-Poverty Commission;

b) Two representatives from the NAPC Womet

ectoral Council;

©) Three repres

fatives from the private sector such as, but not limited to, real
estate, professionals/practitioners and the academe to be appointed by the
President; and

d) ‘The Director General, as ex officio member.

‘The President shall designate the chairperson from among the members of the

committee.

‘cept the Director General, the membets of the advisory committee shall not
hold office at 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 promilgated by the Commission on Audit.

Sec. 7. Functions of the Stakeholder's Advisory Committee. The Committee shall

advise the Authority on the formulation of policies and policy development pertaining to

land administration and public land management and shall monitor their implementation.

Jt shall st

mit, within three months following the end of cach calendar year, a report to

the President on its advisory and monitoring activities.


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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.

See. 9. Secretariat and Logistical Support.- The office of the Director General shall

provide secretariat and logistical support to the committee.

ARTICLE UL
IMPLEMENTING MECHANISM
See. 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 Off

es of the Five (5) Assistant Directors General; and
d) Land Offices.

See. 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
portiolio, who shall be appointed by the President and subject to confirmation by the
Commission on Appointments. The appointment shall be for a fixed term of four (4)

years subject to reappointment for another term of four (4) years only.

‘The Director General shall have the following functions.
a) Advise the President on the promulgation of rules, regulations, and other
i

suances 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;

4) 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

1) Perform such other functions as may be provided by law or assigned by the

President.


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Sec. 12. Office of the Director General-The Office of the Director General shall

consist
a)
b)
©)
d)

°)

of the Director General and his immediate staff and the following offices:
Management Services Office;

Planning and Monitoring O

Human Resource Office;
Legal and Land Adjudication Office; and

Special Projects and Programs Office

See. 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)

dy

No

Surveys- Provides all technical programs, procedures and operations involved in
the surveying and mapping activities of the Authority;

Land ‘Title Registration Provides all technical programs, procedures and
operations in the registration functions of the Authority;

Public Land Administration and Management- Provides all technical progran

procedures

and operations in the disposition, administration and management of

public lands not otherwise in the control of any other agency or instrumentality of
the government, functions of the Authority; and

Land Information and Technology- Provides all technical programs, procedures
‘and operations in the records and information technology management functions

of the Authority

Deputy ctor General shall be assigned primarily administrative

responsibilities. Within his/her functional area of responsibility, the Deputy Directors

General shall have the following functions:

a)

b)

Recommend policies and programs to the Director General and advise the
Director General in the promulgation of administrative orders and other issuances
with respect to his/her area of responsibility

Issue technical and operating standards, guidelines, regulations and orders to
enforce policies with respect to his/her area of responsibility. Provided, that the

Deputy Director General assigned to land title registration shall resolve issues of

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registrability of instruments elevated in consulta as provided for under PD 1529
as amended;

©) Provide opinion and advise the field office on the efficient and effective
implementation of policies, programs and projects in his/her area of

responsibility, consistent with policies of the Authority, that will efficiently and

effectively govern its activities and functions under his/her responsibility;

d) Coordinate the functions and activities of the units under his/her responsibility

With those of other units under the responsibility of other Deputies;

e) Exercise authority on monitoring and evaluation of technical and operating
standards related to the functions and activities of units under his/her
responsibility in the land offices of the Authority;

1) Exercise supervision over the offices, services, operating units and officers and

employees under his direct responsibility; and

) Perform other functions as may be provided by law or assigned appropriately by

ral

the Director Ger

Provided, Vhat 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.

Provided, further That aside from the functions above-stated, the Deputy Director
General for Land Title 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 duti

and functions in relation to the registration of lands.

See. 14. Assistant Directors General ‘The Director General and the Deputies shall
be assisted by tive (5) Assistant Directors General appointed by the Director General.
They shall oversee the general administration of the Authority and shall be responsible
for the following:

a) Management Services Office;

b) Planning and Monitoring Office;

©) Human Resource Office:

d) Legal and Land Adjudication Office; and

©) Special Projects and Programs Office.


we Oe

See. 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 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 be converted into the
Land Offices of the Authority.

‘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 Authority 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.

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; (¢) 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 1V
LAND ADJUDICATION BOARD

See. 16, Creation of the Land Adjudication Board (LAB). - There is hereby created
a Land Adjudication Board (LAB). The LAB shall be the quasi-judicial body of the

Authority and shall have the following functions:
a) Exercise exclusive original jurisdiction over all matters involving the
implementation of laws, rules and regulations on land administration and public
land management, and all cases and /or controversies arising thereftom; 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

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certificate of land titles shall be administratively addressed by the Authority’s
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 other

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 «

esolving cases raised on appeal from the decisions of the Local Land
Adjudication Boards, created pursuant 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

Sec. 17. Composition... Kach division of the LAB shall be composed of three (3)
members who shall be appointed by the President for a fixed term of (4) years and can be
reappointed for another term of four (4) years.

All members of the Land Adjudication Board shall be members of the Philippine Bar
with at least ten (10) years experience in property and land administration and
management related matters.

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

See. 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 Exe

ive Land Officer, the two 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


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representative designated by the Chief Executive of the Local Government Unit where

the LLAB sits,
Decisions, orders, and resolutions of the Local Land Adjudication Board shall be

raised on appeal to the LAB.

See. 19. Budget and Administrative Support. - The LAB shall determine and propose

its budgetary requirements and shall be submitted as part of the Authority's budget

request, Disbursements of the approved budget resources shall be the sole responsibility
and accountability of the LAB. Secretariat services shall be provided by the Authority.
See. 20. Proceedings and Procedures ‘The LAB shall not be bound by technical

tules of procedure and evidence but shall proceed to hear and decide all cas

8, disputes,
or controversies in a most expeditious manner, employing all reasonable means to

ascertain the facts of every case in accordance with justice and equity and the merits of

the case, Toward this end, it shall adopt a uniform rule of procedure to achieve a just,
expeditious, and inexpensive determination of merits: Provided, That it shall 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

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 s

ill be allowed (o 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.

See. 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,

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

ARTICLE V
JUDICIAL REVIEW

. 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 fifleen (15)

ipt of a copy thereof.

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

See. 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.

Sec. 25. Procedure on Review. Review by the Court of Appeals or the Supreme
Court, as the case may be, shall be governed by the Rules of Court. The Court of

Appeals, however, ma

require the parties to file simultaneous memoranda within a

period of fifteen (15) days from notice, after which the case is deemed submitted for
decision.
ARTICLE VI
TRANSITORY PROVISIONS
. 26. Transfer of Powers.- The powers and functions of the AUTHORITY
heretofore vested by law in the DENR, the LRA/RoD, the LMB/LMS and 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 Authority Director General
See. 27. Organization of the LAA. - ‘he Authority's organizational and

administrative structure and functions and staffing pattern, including the personnel’s


6

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 months afier such approval.
Sec. 28. 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

offives, 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 stafling 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 and the LRAVROD sl

| 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
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 personnel shall be dislocated and involuntarily separated, except for cause.

See. 29. Integration of the LMB/LMS, the DENR-CARP National Secretariat, and
the LRA/RoD. - The DENR’s Land Ma

agement Bureau, Land Management Services,
and CARP National Secretariat and its field offices, and the Land Rey

tration Authority

and Register of Dee

are hereby

tegrated into the Authority.

Sec. 30. 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 Authority on at least equivalent terms and conditions as their
present employment by reason of duplication or redundancy and those who decline an

appointment in the Authority by reason of diminution in rank and conditions shall be

entitled to a gratuity at the rate equivalent to the following:

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a) Two and one-half (2

2) months basic salary for every year of service for the first
twenty (20) years;

b) Two and three-fourths (2 3/4) months basic salary for every additional year of

service from the twenty-first (21st) to the thirtieth (30th) year of service; and

©) Three months basic salary for every additional year of service from the thirty-first

(31st) year of service and onwards.

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 Mututal Fund (Pag-
IBIG) and the Government Service Insurance System (GSIS) and to the commutation of

their unused vacation and sick lea

in accordance with existing rules and regulations.
Employees who are offered appointments under the new staffing pattern of the

Authority without any diminution in 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 more over, That

those who qualified to retire s

all be allowed to retire and be entitled to all the benefits
provided under any of the existing retirement laws.

See. 31. 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 (Gls), or local
government units (LGUs)

See, 32. Unexpended Appropriations and Transfer of Assets. - The unexpended

balances of approptiations in the current General Appropriations Act and other laws in

force upon approval hereof, pertaining to, held, or used by, o available to the LRA and

RoD, the LMB, the LMS, the DENR-CARP

National Secretariat and its field offices 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 Auth
transferred

shall also be so.

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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 and the LRA/RoD are hereby transferred to the Authority.

See. 33. 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 cach
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 Courts.

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
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 Courts:

for each offer

Provided, That in

the offénder is a corporation, association, or partnership, their

responsible offi

jals 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 convietion, be punished by a fine of not less than one hundred
thousand pesos (P 100,000.00) and imprisonment of not less than five years nor more
than twelve years, or both, in the discretion of the Courts.

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 pur

shed 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.

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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 trom holding any elective or appointive public office.

See. 34. Preservation of Records. - The Authority shall have possession and control
of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations,
Jand 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

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, upon the discretion

of the Court,

Sec. 35. Saving Clause. ~ Ail orders, determination, rules, regulations, permits,
certificates, licenses, and privileges which have been issued, made, or granted effective
by the former LMB, LMS, LRA, RoD,

IR-CARP National Secretariat and its field

offices, or their prede,

'ssors 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,

ho cause of action by or against such division or unit or by or against any officer thereof

in his official

pacity shall abate by reason of the enactment of this Act. Causes of

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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

See. 36, Use of Income. - The Authority is hereby authorized to use twenty percent

(20%) of all revenues derived trom fees, charges and other sources in the implementation
of its projects.

See. 37. Assurance Fund. - A special account within the Authority 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 party in any action against the Assurance Fund.

38. Indemnification of Officials and Personnel. - The Authority shall indemnify

all off

cials 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 s

h actions or pro

dings 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 Authority is
advised by an external counsel that the persons to be indemnified did not commit any
er

negligence or misconduct

The costs and expenses incurred in defending the aforementioned action, suit or
proceeding may be paid by the Authority 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, where in the official or employee shall repay the amount advanced should it
ultimately be determined by the Authority that such official or employee is not entitled to

be indemnified as provided in this section.

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See. 39. Implementing Rules and Regulations. - Within sixty (60) days from the
efiectivity of this Act, the Authority 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 for approval

See. 40. Congressional Oversight Committee on the Land Administration Reform
Act. - There is hereby created a Congressional Oversight Committee composed of seven
(7) members trom the Senate Committee on Environment and Natural Resources and
seven (7) members from the House of Representatives Committees on Natural Resources,
Housing and Urban Development, Justice and Government Reorganization.

‘The Congressional Oversight Commitee, which shall function for a period not more
than three (3) years, shall review the implementing rules promulgated by the Authority

including the procedures on claims against the assurance fund and oversee the

implementation of this Act

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

existing budget of the concerned committees.

See. 41, Separabitity 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

See. 42. 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, and the provisions of Presidential Decree No. 1529 pertaining to
the Assurance Fund and their implementing rules and regulations are hereby amended or
inoditied accordingly:

All other laws, decrees, onlers, 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

President

al 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. 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,