Republic of the Philippines
HOUSE OF REPRSENTATIVES,
Quezon City

SEVENTEENTH CONGRE!
First Regular Session

HOUSE BILL No. 4266

Introduced by REP. EVELINA G, ESCUDERO.

EXPLANATORY NOTE

Land is the ultimate resource, for without it, life on earth cannot be sustained, and thus,
good stewardship of the land is essential for present and future generations.

The world's population has doubled in the last 40 years and passed the 6 billion mark. It is
predicted to reach 8.5 billion by the year 2030, a population level thought by many scientists to be
the maximum number of people supported by the world’s resources and capacity for food
production. Less than half of the world’s population has secure access to land.

The International Federation of Surveyors (FIG) in cooperation with the United Nations
hosted the "Bathurst Workshop on Land Tenure and Cadastral Infrastructures for Sustainable
Development" in Australia in October, 1999 and concluded that sustainable development is just
rhetoric without appropriate land administration system. The Bathurst declaration recommends a
global commitment to provide effective legal security of tenure and access to property for all men
and women and to provide reforms in the land administration system essential for sustainable
development and facilitating full and equal access for men and women to land-related economic
opportunities, such as credit and natural resources.

The performance, however, of government agencies undertaking land administration
functions such as land surveys, mapping, classification, titling and disposition and registration is
below par. The services being provided by these agencies are not contributing to address our
domestic problems on sustainable development, much more to the global concerns. The problem is
largely contributed by fundamental legal and institutional defects in both the structure and
operations of the land administration system, For one, there are many laws governing the land
administration functions including the existence of a number of institutions administering our
searce land resources resulting to confusions, delays, high transactions costs (government and
users), low investment, and graft and corruption

These institutional and structural defects in land administration besides not contributing to
the sustainable development of natural resources have also given rise to major inefficiencies
including extensive delays in the disposition and titling of alienable and disposable land, inaccurate
and incomplete land information and records, duplicate and fake titles, duplication and overlap of
activities between government agencies, and unnecessary costs to both the national and local
governments and the users/elients of land administration services



To address these problems, the Government has been undertaking a Land Administration
and Management Project preparatory to a long-term program to fundamentally reform the present
land administration system, thereby promoting Sustainable development, economic growth, and
poverty alleviation

However, there is a widespread agreement that a fundamental prerequisite for the pursuit of
the necessary reforms is the consolidation and streamlining within a single government agency of
land administration powers and functions currently dispersed across the Department of Justice’s
Land Registration Authority and Registries of Deeds and the Department of Environment and
Natural Resources’ Lands Management Bureau, Land Management Services in the regional,
provincial and community offices, National Mapping and Resource Information Authority, and
CARP Secretariat and its field offices

The integration of these agencies/offices into a single agency will:

+ Implement the necessary reforms in the land administration system to enable to provide land
information and services necessary to pursue sustainable management of natural resources,
among others:

«Enable the integrated planning, budgeting and implementation of the long term land titling
program, including the development of integrated land classification, land titling and
records management;

+ Provide the necessary management structure for the creation and extension of a One Stop
Shop network for the delivery of land titling, registration and information services to
members of the public:

+ Consolidate staffing patterns and training programs for government staff engaged in the
provision of land administration services, thereby establishing the basis for the major
training and professional development of staff needed to support the proposed reforms and
improve their career structures and opportunities:

= Create scope to achieve significant savings through the elimination over time of duplicated
administrative support services and other costs arising from the current fragmentation of
land administration services; and

* Enable the development of increased transparency and enhancement of professionalism and
accountability across the whole land administration system

The Philippines is unusual, compared to its neighboring countries, in that the
government’s land administration functions are currently dispersed across multiple agencies.
Without integrating these three agencies, it will be difficult to undertake the major long term
investment of resources that will be necessary to implement the required over all reforms.

‘The proposed Land Administration Reform Act seeks to enable the lands sector to
contribute to sustainable development, economic growth and poverty alleviation, The bill's early
enactment will ensure Philippines’ recognition to the global efforts for sustainable development
while providing an improved access to land and services to the majority of our Filipino people
especially the poor.

I strongly recommend the bill for favorable consideration by the Senate.

Brenton

EVELINA G. ESCUDERO



Republic of the Philippines
HOUSE OF REPRSENTATIVE!
Quezon City

SEVENTEENTH CONGRESS:
First Regular Session

HOUSE BILL NOA2EE

SVELINA G,

Introduced by RI CUDERO.

AN ACT

INSTITUTING REFORMS IN LAND ADMINISTRATION

Be it enacted by the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled:

ARTICLE |
GENERAL PROVISIONS,

SECTION 1. Short Title.- This Act shall be known as "The Land Administration Reform

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, tenure security, eradication of poverty, and
attainment of social, economic, and cultural justice. 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,
cfiectiveness, transparency, accountability and expedite the delivery of services

(b) Undertake reforms in land administration and mana
full utilization and development of land resources.

ement to ensure equitable distribution and

(c) Provide an efficient and effective class
and management of land resources; and

fication, mapping, surveying, disposition, registration

(d) Develop, establish and maintain an up-to-date, open, accessible, integrated and computer-based
land information, records and database system,

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

(a) “Alienable and disposable lands” refers 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” refers to lands devoted to or suitable for the cultivation of the soil,
planting of crops, or growing of trees, and not classified as mineral land, forest land, or national
park, or sub-classified as residential land, commercial land, or industrial land.

(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 forestlands and national parks and increasing or decreasing their boundaries by law, as provided
for in Article XV, 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.

(1) “Director General” refers to the person oc
Administration Authority created by this Act

pying the position of Director General of the Land.

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

(h) “Land Administration and Public Land Management” refers 10 the administration of all
functions, powers and activities related to the mapping. land survey. classification, ownership.
disposition, and registration of land titles and deeds, and the management of public lands.

(i) “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

(j) “Land Management Bureau (L.MB)” refers to the staff Bureau of the Department of
Environment and Natural Resources (DENR).

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

(1) "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)" refers to the attached agency of the Department of Justice
(DO)), including the Registers of Deeds (ROD).

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

(o) "President" refers to the President of the Philippines.

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


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

ARTICLE II
CREATION OF THE LAND ADMINISTRATION AUTHORITY

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) 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 (N/PAS)

3) In coordination with local government units and the pertinent agencies, conduct and/or
approve surveys and mapping necessary in the implementation of Republic Act No. 7160 or
the Local Government Code, Republic Act No. 7279 or the Urban Development and
Housing Act, Republic Act No. 8435 or the Agriculture and Fisheries Modernization Act
(AFMA), Republic Act 7916 or the ECOZONE Law, Republic Act No. 6657 or the
Comprehensive Agrarian Reform Law (CARL), and other existing laws requiring survey
and mapping;

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

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

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

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

b) Land Registration
1) Register original titles to land and subsequent dealings in registered lands under the

provisions of Act No. 496 and Presidential Decree No. 1529 as amended; Provided, that
prior to registering a tenure instrument and issuing an original certificate of title based


thereon, the LAA shall first verify compliance with the conditions and requirements
prescribed under the law authorizing the issuance of said tenure instrument;

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

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

¢) Public Land Administration

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

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

d) Land Records and Information Technology
1) Establish and maintain a secure, integrated, and accessible computerized database of all
survey and mapping records, registration and titling records and other land information data,
and ensure the timely updating of said database; and
2) Establish and maintain an open system to provide convenient nationwide public access to
survey, mapping, registration, titling and other land data; subject, however, to the
requirements of security ad confidentiality under existing laws.

¢) Formulate and recommend policies and programs to achieve the intent and purposes of this Act:

£) Determine, fix and collect reasonable amounts to be charged as f
implementation of this Act:

fines and penalties in the

g) Ree

ive grants and donations:

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

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



j) Perform such other functions as are necess:
of this Act.

. proper and incidental to implement the provisions

ARTICLE III
IMPLEMENTING MECHANISM.

SEC. 6. Structure and Organization,- The LAA shall consist of
(a) The Office of the Director General;

(b) The Offices of the four (4) Deputy Directors General;

(c) The Offices of the five (5) Assistant Directors General; and

(d) Land Offices

SEC. 7. 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, a cabinet rank with portfolio, 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. Provided, That no person shall be appointed as Director General unless he/she
is a member of the Philippine Bar or Geodetic Engineer and/or any other person with adequate
experience on matters pertaining to land administration and land management.

‘The Director General shall have the following functions:

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

(b) Establish policies and standards for the efficient and effective operations of the LAd 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 and its Land
Offices;

(c) Delegate authority over all powers, functions and activities of the LAA; and
(1) Perform such other functions as may be provided by law or assigned by the President.

SEC, 8, Office of the Director General - The Office of the Director General shall consist of
the Director General and his immediate staff and the following office:

(a) Management Services Office
(b) Planning and Monitoring Office

(c) Human Resource Office

(d) Legal and Land Adjudication Office
(e) Special Projects and Programs Office

SEC. 9, Office of the 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) Surveys - Provides all technical programs, procedures and operations involved in the
surveying and mapping activities of the LAA

(b) Land Title Registration - Provides all technical programs, procedures and operations in
the registration functions of the LAA.

(c) Public Land Administration and Management - Provides all technical programs,
procedures and operations in the disposition, administration and management of public
lands not otherwise in the control of any other agency or instrumentality of the government,
functions of the LAA.

(e) Land Information and Technology - Provides all technical programs, procedures and
operations in the records and information technology management functions of the LAA

No Deputy Director General shall be assigned primarily administrative responsibilities
Within &/her functional area of responsibility, the Deputy Directors General shall have the
following functions

(a) 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:

(b) 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 resolved issues of registrability of instruments elevated in consulta as
provided for under PD 1529 as amended:

(c) Provide opinion and advise the field office on the efficient and effective implementation of
es, programs and projects in his/her area of responsibility, consistent with LAA policies, that
‘ently and effectively govern its activities and functions under his/her responsibility;

poli

(d) Coordinate the functions and activities of the units under his/her responsibility with those of
other units under the responsibility of other Deputies;

(c) Exercise authority on monitoring and evaluation of technical and operating standards related to
the funetions and activities of units under his/her responsibility in the land offices of the LAA;

(1) Exercise supervision over the offices, services, operating units and officers and employees under
his direct responsibility:

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

Provided that 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 abovi
for Land Title Registration shall exercise executive superv

ated, the Deputy Director General
ion 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.

SEC. 10, Assistant Director General. - The Director General and the Deputies shall be
assisted by five (5) Assistant Directors General appointed by the Director General. They shall
oversee the general administration of the LAA and shall be responsible for the following:

(a) Management Services Office

(b) Planning and Monitoring Office

(c) Human Resource Office

(d) Legal and Land Adjudication Office
(e) Special Projects and Programs Office

SEC. 11, 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 Off
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.

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.

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

ARTICLE IV
LAND ADJUDICATION BOARD

SEC. 12. Creation of the Land
Adjudication Board (LAB). The LAB s
the following funetions:

djudication Board (LAB).- There is hereby created a Land
all be the quasi-judicial body of the LAA and shall have

(a) Exercise exclusive original jurisdiction over all matters involving the implementation of laws,
rules and regulations on land administration and public land management, and all cases and /or
controversies arising therefrom: Provided, that all petitions for the correction of clerical or
typographical errors committed in writing, copying, transcribing, or typing of an entry in the maps,
survey plans, and certificate of land titles should be administratively addressed by the LAA Land
Offices.

(b) Exercise exclusive original jurisdiction on conflicts arising from the determination and
adjudication in land administration and public land management matters, except cases falling
under the jurisdiction of the Department of Agrarian Reform (DAR) under the CARP law and the
National Commission on Indigenous Peoples under the PRA 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 14 hereof, from Luzon, Visayas, and Mindanao: Provided, That the divisions assigned to
handle eases from Visayas and Mindanao shall hold permanent office in any of the cities therein.

SEC. 13. Composition - Each division of the LAB shall be composed of three (3) members
who shall be appointed by the President for a fixed term of (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.

SEC. 14. Local Land Adjudication Board - Local Land Adjudication Boards (LLAB) are
hereby ereated in all provincial and city Land Offices that shall serve as first level board. The
LLAB shall be composed of four (4) members. The Presiding Officer shall be the Executive Land
Officer. the two other members shall be the head of the local surveys unit and the head of the local
registration unit while the fourth member shall be a representative designated by the Chief
Executive of the Local Government Unit where the LLAB sits.

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

SEC. 15, 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 and accountability of the LAB.
Secretariat services shall be provided by the LAA.

SEC. 16. 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
4 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 #7 the same manner and subject to the same penalties as provided for in the Rules of
court.

to


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

SEC, 17. Finality of Determination.- Any case or controversy before the LAB shall be
decided within thirty (30) days afier it is submitted for resolution. Only one (1) motion for
reconsideration shall be allowed. Moreover, any order, award, ruling, or decision shall be final after
the lapse of fifteen (15) days from receipt by the parties of a copy thereof.

SEC. 18, 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 10. fines or censures upon erring parties.

ARTICLE V.
JUDICIAL REVIEW

SEC. 19. Certioriari - Any decision, order, award, or ruling of the LAB on any dispute or
on any matter pertaining to the application, implementation, enforcement, or interpretation of this
Act and other pertinent laws on land administration and public land management may be brought to
the Court of Appeals by certiorari within fifteen (15) days from the receipt of a copy thereof.

t of the LAB shall be final and conclusive if based on substantial

The findings of &
evidence

SEC. 20, 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.

SEC. 21. Authenticity and Validity of Land Record and Titles ~ The LAA shall have the
sole authority and power to validate, authenticate and reconstitute 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
STAKEHOLDER’S ADVISORY COMMITTEE

SEC. 22. Stakeholders’ Advisory Committee. The LAA shall be assisted by a Stakeholders*
Advisory Committee composed of the following:

(a) Nine (9) representatives from the bas
process of the National Anti-Poverty Commi
be a woman;

sectors chosen through the nomination
sion (NAPC), of whom one (1) shall

(b) Three (3) representatives from the private sector appointed by the President
Provided that one shall come from the business sector and another one from the
Geodetic Engineer's sector.

(c) Three (3) representa
Provinces, respectively;

ives from the League of Municipalities, Cities and

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


(e) The Executive Seeretary

The Executive Secretary or his duly designated alternate shall serve as the Chairperson of
the Stakeholders’ Advisory Committee. Except for the Director General, the members of the
Stakeholder’s 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 rules and regulations promulgated by the Commission on Audit,

SEC. 23. 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. 24, Meetings of the Committee, The Chairperson shall convene regular meetings of
the Committee, which shall be at least once every quarter. Special meetings may also be called by
the Chairperson or at the initiative of at least three (3) members.

SEC. 25. Seeretariat and Logistical Support. ‘The Office of the Director General shall
provide secretariat and logistical support to the Committee

ARTICLE VID
TRANSITORY PROVISIONS

SEC. 26. Transfer of Powers and Transition Plan.- The powers and functions of the LAA.
heretofore vested by law in the DENR, DOJ, LRA/RoD, LMB/LMS and DENR-CARP National
Secretariat or in any office within or attached to these agencies, are hereby transferred to and vested
in the Office of the Director General. ‘The Director General shall be responsible for the
identification, preparation and formulation of a transition plan to ensure the smooth and seamless
transfer and assumption of powers, functions and personnel from the abovementioned agencies to
the LAA; Provided, that such transition plan shall be prepared, formulated and developed in
consultation with the affected agencies and its representative stakeholders; Provided further, that
the transition plan shall integrate such other actions and activities necessary, including provisions
under this section and as provided for under this Act to complete the transition to the LAA

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

SEC. 28. 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
\Wwithin a period of six (6) months after such approval of the President.

SEC. 29. Transfer of Personnel- To ensure a smooth transition, all ineumbent personnel of
the DENR’s LMB/LMS, DENR-CARP National Secretariat and its field offices, the DO!’s
LRA/ROD shall continue to perform their present duties and functions as interim personnel of the
LAA until such time, being not later than twelve (12) months from the effectivity of this Act, that


the regular staff of the LAA, based on the new staffing patter, shall have been appointed: Provided
that all incumbent and qualified personnel of the DENR’s LMB/LMS, DENR-CARP National
Secretariat and its field offices, the DOJ’s LRA/RoD shall be allowed to fill up the appropriate
positions for regular personnel of the LAA and its field offices. Provided further, that the regular
personnel shall be appointed by the Director General, or his/her duly authorized representative, on
the basis of merit, previous permanent appointment, fitness, and seniority.

SEC. 30. Exemption from Salary Standardization Law- All officials and personnel of the
LAA including LAB and LLAB shall be exempted from the Salary Standardization Law.

SEC. 31, Integration of LMB/L,MS, DENR-CARP National Secretariat, and LRA/XOD.-
The DENR’s Land Management Bureau, Land Management Services, and CARP National
Seeretariat and its field offices, and the DOJ’s Land Registration Authority and Register of Deeds,

are hereby integrated into the Land Administeation Authority.

SEC, 32, Separation Pay and Other Benefits.- Personnel who ate not off
within nwelve (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 all gratuities and benefits under existing laws,

ed appointment

SEC. 33. 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
(GOES), Government Financial Institutions (GFIs), or local government units (LGUs).

SEC. 34. Unexpended Appropriations and Transfer of Assets.- Upon approval of this Act,
the unexpended appropriations, assets and properties of the LRA and ROD, LMB, LMS, DENR-
CARP National Secretariat and its field offices, are hereby transferred to the LAA.

Such other unexpended 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, liabilities, records, documents, positions, contracts, and
agreements which, upon the effectivity of this Act, are vested in, or owned, by the LMB/LMS,
DENR-CARP National Secretariat and its Field Offices, and LRA/RoD are hereby transferred to
the LAA,

SEC. 35. 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 and not more than one million pesos or imprisonment of not less than
six months nor more than three years. or both, upon 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 &/her or its behalf or for &/her or
its interest, benefit, or advantage, shall be punished for each offense by a fine of not less than one
hundred thousand p s (P100.000.00) or imprisonment of not less than five (5) years, or both, at
the discretion of the Courts: Provided, That in case the offender is a corporation, association, or
partnership, their responsible officials shall be deemed jointly and severally liable. ‘The application
shall be cancelled.



Any person who shall, by deceit or fraud, acquire or attempt to acquire lands of the public
domain or other real property or any right, title or interest, or property right of any class to the
same, and any person aiding and abetting him therein or serving as a means or tool thereof, shall,
upon conviction, be punished by a fine of not less than one hundred thousand pesos
(P.100,000.00)and imprisonment of not less than 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 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. 36, 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 Authority. 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,
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. 37. Saving Clause.- All orders, determination, rules, regulations, permits, certificates,
licenses, and privileges which have been issued, made, or granted effective by the former LMB,
LMS, LRA, ROD, DENR-CARP National Secretariat and its field offices, or their predecessors
shall continue to be in effect according to their terms until modified, terminated, superseded, set
aside, or repealed.

No suit, action, or other proceeding commenced by or against any officer in his official
capacity as an officer of any division or unit of the former LMB, LMS, LRA, ROD, DENR-CARP
National Secretariat and its field offices, the functions of which are transferred by this Act to the
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 VIII

MISCELLANEOUS PROVISIONS,

SEC. 38, Use of Income and Other Sources of Funds.- The LAA is hereby authorized to use
one hundred percent (100%) 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

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integration, updating and maintenance of computer-based land information and database system,
waining 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. 39, Assurance Fund. A special account within the LAA is hereby created for the
entire proceeds of the Assurance Fund, which shall no longer be paid to the National Treasurer as
provided for in Section 94 of PD No, 1529, The existing account of the Assurance Fund created
under PD No. 1529 held by the National Treasurer shall be transferred to the LAA. Claims from the
Assurance Fund shall be heard, decided, and determined by the Land Adjudication Board, 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 Land Adjudication
Board. Thereafter, the National Treasurer shall no longer be impleaded as party in any action
against the Assurance Fund

SEC. 40. Indemnification of Officials and Personnel-- The LAA shall indemni
and personne! 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. where in the official or employee
shall repay the amount advanced should it ultimately be determined by the LAA that such official
or employce is not entitled to be indemnified as provided in this section.

SEC, 41, 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 th
Act. Said rules and regulations shall be submitted to the Congressional Oversight Committee for
approval. In the process of the formulation of the IRR for this Act, consultations shall be mace 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

SEC. 42. Congressional Oversight Committee on the Land Administration Act.- There is
hereby created a Congressional Oversight Committee composed of seven (7) members from 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, and
Government Reorganization,

The Congressional oversight committee, which shall function for a period not more than
three (3) years, shall review the implementing rules promulgated by the LAA including the
procedures on claims against the assurance fund and oversee the implementation of this Act.

is


The secretariat of the Oversight Committee shall be drawn from the existing secretariat
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.

SEC. 43. 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,

C. 44, Repealing Clause.- The provisions of PD 1529 pertaining to the assurance fund,
and their implementing rules and regulations are hereby amended or modified accordingly.

All other laws, decrees, orders, instructions, proclamations, rules and regulations or parts
thereof, including pertinent provisions of Commonwealth Act No. 141, Act No. 496, Presidential
Decree No. 152 , Eiesie 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. 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,