Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

H.B.No._ 408

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Land is vital to the people’s sense of security and quest for a better quality of life.
However, the security of people’s land tenure can ‘only be achieved through an efficient land
administration system including efficient survey and mapping of land, first-time titling of
alienable and disposable land, registration of land titles and title transfer and public land
management.

The performance of government agencies in undertaking land surveys, mapping,
classification, disposition and registration is currently hampered by fundamental legal and
institutional defects in both the structure and operations of the land administration system.

These institutional and structural defects in land administration have 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.

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

A fundamental prerequisite in the pursuit of the necessary reforms is the consolidation
and streamlining within a single government agency of land administration powers and
functions. Currently, this is dispersed across the Department of Justice's Land Registration
Authority and Registries of Deeds aid 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 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 would be difficult to undertake the major long term
investment of resources that will be necessary to implement the required overall reforms.

The proposed Land Administration Reform Act seeks to enable the lands sector to
contribute to economic growth and poverty alleviation. It is for these reasons that the
consideration and approval of the bill is earnestly sought

JUAN EDGARDO "SONNY" M.ANGARA
Representétive

Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

408

H. B. No.

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

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 Policy. It is hereby declared the policy of the State to
institutionalize reforms in land administration in order to optimize and rationalize their
contribution to the goals of national development, eradication of poverty and attainment of
social, economic and cultural justice. Towards this end, the State shall:
a) Provide the leadership and management of reforms in land administration;
b) Promote efficient and effective mapping, land survey, classification, disposition,
registration and management of private and public lands;

¢) Undertake a comprehensive and continuing land administration program that will
make the processes and procedures on land registration and titling affordable, reliable
and expeditious;

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

) Accelerate and complete the distribution, titling and registration of alienable or
disposable lands to provide security of land tenure;

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

g) Improve the efficiency, effectiveness, transparency and accountability of land
administration services;

h) Rationalize the structure, powers and functions of the different land administration
agencies and integrate all land administration and registration policies, plans,
programs and projects of various government agencies to increase the efficiency of
the land titling system of the government, with expeditious delivery of services that are
viable with sustainable land administration programs and projects;


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;

i) Establish an administrative system for the cancellation of duplicate and fake titles and
the eradication of land grabbing activities;

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

1) Establish 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 iand administration services;

n) Rationalize 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;

) Identify and reduce disincentives to the registration of property transactions;

@) Mainstream gender in all aspects of the land administration system; and

1) Recognize, respect, ensure participation and assist in the enforcement of land related
rights of men and women of the basic sectors, as defined in Republic Act No. 8425,
otherwise known as the “Social Reform and Poverty Alleviation Act.”

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 subclassified as residential land, commercial land or
industrial land,

©) “Automated registration system" refers to a system using appropriate technology
for scanning, recording and land registration using electronic devices to store the
copy of certificates of title and other documents relative thereto.

d) “Classification and reclassification” refers to the act of Congress in setting the
specific limits of forest lands and national parks, and increasing or decreasing their
boundaries by law, as provided for in Article XII, Section 4 of the 1987 Philippine
Constitution.

) “Consulta and/or query’ refers to the procedure where the Registrar of Deeds or
the registrant may elevate the issue of registrability of certain instruments to the
Land Registration Authority (LRA) Administrator as defined in Section 117 of
Presidential Decree No. 1529, otherwise known as the Property Registration
Decree.


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

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

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

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

j) “Land Management Bureau (LMB)" 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.

|) “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 (DOJ), including the Registers of Deeds (RoD).

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

0) “President” refers to the President of the Philippines.

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

ARTICLE Il
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. Powers and Functions of the LAA. The LAA shall exercise the following

powers and functions:

a)

b)

°)

)

e)

9)

h)

dD

k)

Conduct, integrate and regulate the functions of geodetic and geophysical surveys,
land classification surveys, mapping, aerial photography, remote sensing,
management of resource information needed by both public and private sectors,
and research development thereof in accordance with existing laws and
internationally accepted norms, procedures and standards;

Survey, map and maintain a database to support the determination of specific
limits of forest lands and national parks by Congress, as provided under Section 4,
Article XII of the Constitution;

Survey, map, maintain a database on, administer, manage and/or dispose of all
alienable and disposable lands of the public domain and other lands, including
foreshore and marsh lands, under the provisions of Commonwealth Act No. 141,
as amended, otherwise known as the Public Land Act, and in accordance with
existing laws;

Manage, sell and/or dispose the remaining Friar Lands under the provisions of Act
No. 1120, as amended, and in accordance with existing laws;

Manage and dispose lands of patrimonial property of the national government
under the provisions of Act No. 3038, or such other government lands as have not
been placed under the administration, management, control or exclusive use of
any other government agency by legislative or executive issuance;

Register original titles to land issued pursuant to Commonwealth Act No. 141, as
amended, and subsequent dealings of registered lands under the provisions of Act
No. 496 and Presidential Decree No. 1529, otherwise known as the Land
Registration Act and the Property Registration Decree, respectively;

Conduct, regulate and approve all types of land surveys including surveys
intended for the implementation of Commonwealth Act No. 141, as amended,
Republic Act No. 6657 or the Comprehensive Agrarian Reform Law (CARL) and
Republic Act No. 8371 or the Indigenous Peoples’ Rights Act of 1997 (IPRA);
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 the CARL and the
IPRA;

Determine, fix and collect reasonable amounts to be charged as administration
fees, fines and penalties relative to the implementation of this Act;

Formulate land administration and management policies in accordance with
existing national laws;

Promulgate rules, regulations, circulars and other administrative issuances as may
be necessary to implement the provisions of this Act;

Perform such other functions undertaken by the LRA/RoD, the LMB/LMS and the
DENR-Comprehensive Agrarian Reform Program (DENR-CARP) National


Secretariat under Presidential Decree No. 1529 and Commonwealth Act No. 141,
as amended; and

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

Whenever any reference is made to the LRA/RoD, the LMB/LMS and the DENR-CARP
National Secretariat under Executive Order No, 192, Presidential Decree No. 1529 and
Commonwealth Act No. 141, as amended, pertaining to a duty, power, purpose, responsibility
or jurisdiction transferred to the LAA by this Act, it shall be deemed to be a reference to, and to
mean, the LAA and the Director General of the LAA, as the case may be.

SEC. 6. Stakeholders’ Advisory Committee. The LAA shall be assisted by a
Stakeholders’ Advisory Committee composed of the following:
a) Six representatives from the basic sectors chosen through the nomination process
of the National Anti-Poverty Commission (NAPC);
b) Two representatives from the NAPC Women's Sectoral Council;
©) Three representatives 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 LAA Director General, as ex officio member.

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

SEC. 7. Functions of the Stakeholders’ Advisory Committee. The committee shall
advise the LAA on the formulation of policies and policy development pertaining to land
administration and public land management and shall monitor their implementation. It shall
submit, within three months following the end of each calendar year, a report to the President
on its advisory and monitoring activities.

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

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


ARTICLE Ill
IMPLEMENTING MECHANISM.

‘SEC. 10. Structure and Organization. The LAA shall consist of:
a) The office of the Director General;
b) The offices of the Deputy Directors General;
c) The offices of the Assistant Directors General; and
d) Field offices.

SEC. 11. The Director General. The authority and responsibility for the exercise of the
mandate of the LAA, the accomplishment of its objectives and the discharge of its powers and
functions shall be vested in the Director General, of cabinet rank, who shall be appointed by the
President. The Director General shall have the following functions:
a) Advise the President on the promulgation of rules, regulations and other issuances
relative to land administration and public land management;
b) Serve as ex officio member of each division of the Land Adjudication Board pursuant
to Section 16 hereof;
©) Establish policies and standards for the efficient and effective operations of the LAA in
accordance with the programs of the government;
d) Promulgate rules, regulations and other issuances necessary in carrying out the LA's
mandate, objectives, policies, plans, programs and projects;
e) Exercise control and supervision over all functions and activities of the LAA;
f) Delegate authority over all powers, functions and activities of the LAA; and
g) Perform such other functions as may be provided by law or assigned by the President.

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

SEC. 13. Deputy Directors General. The Director General shall be assisted by at least
three Deputy Directors General who shall be appointed by the President. At least one of the
Deputy Directors General shall be a member of the bar or a geodetic engineer with at least five
years experience in any land administration function. The Director General is hereby
authorized to delineate, assign and/or reassign the respective functional areas of responsibility
of the Deputy Directors General: Provided, That no Deputy Director General shall be assigned
primarily administrative responsibilities. Within his functional area of responsibility, a Deputy
Director General shall have the following functions:

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

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

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

6


d) Coordinate the functions and activities of the units under his responsibility with
those of other units under the responsi

y of other Deputy Directors General;

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

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

SEC. 14. Assistant Directors General. he Director General and Deputy Directors
General shall be assisted by five Assistant Directors General in the formulation, management

and implementation of land administration and public land management laws, policies, plans,
programs and projects.

SEC. 15. Field Offices. The LAA shall establish permanent field offices at city and
provincial levels. The LAA may also establish additional field offices in a city or province as it
may determine for the efficient and effective delivery of its services subject to the approval of
the President: Provided, That the’ additional field offices may be abolished by the Director
General when these are no longer necessary.

The field offices shall undertake, among others, the following functions:

a) Implement laws, policies, plans, programs, projects, rules and regulations of the
LAA on land administration and public land management;

b) Provide efficient and effective delivery of services to the people;

©) Coordinate with field or branch offices of other agencies of the government in the
region and with local government units in the enforcement of land administration
and public land management laws and regulations and in the formulation and
implementation of programs and projects;

d) Recommend and, upon approval, implement programs and projects on land
administration and management and related concerns;

e) Conduct a comprehensive inventory of alienable and disposable lands of the
public domain and of —_patrimonial properties and ~—_ formulate
district/provincialiregional_short- and long-term development plans for the
management, administration, utilization and disposition of such lands toward
national development; and

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

ARTICLE IV
LAND ADJUDICATION BOARD,

SEC. 16. Creation of the Land Adjudication Board (LAB). There is hereby created a
Land Adjudication Board (LAB) that shall exercise primary jurisdiction to determine and
adjudicate land administration and public land management matters. The LAB shall have

ir


exclusive 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 certificates of land titles, except those cases falling
under the jurisdiction of the Department of Land Reform (DLR) unless specifically provided
herein

The LAB 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 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. Each division of the LAB shall be composed of three permanent
members who shall be appointed by the President: Provided, That the Director General of the
LAA shall sit as ex officio or fourth member of each division.

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

SEC. 18, Local Land Adjudication Board. The LAB shall create a Local Land
Adjudication Board in the provincial or city office which shall be composed of three members
who shall be appointed by the LAB. Decisions, orders and resolutions of the Local Land
Adjudication Board shall be raised on appeal to the LAB.

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

SEC. 20. Proceedings and Procedures. The LAB shall not be bound by technical rules
of procedure and evidence but shall proceed to hear and decide all cases, disputes or
controversies in a most expeditious manner, employing all reasonable means to ascertain the
facts of every case in accordance with justice and equity and the merits of the case. Towards
this end, it shall adopt a uniform rules of procedure to achieve a just, expeditious and
inexpensive determination of merits: Provided, That it shall endeavor to settle disputes and
controversies amicably.

In the exercise of its functions, the LAB shall have the power to summon witnesses,
administer oaths, take testimony, require submission of reports, compel the production of books
and documents and answers to interrogatories, issue subpoena and subpoena duces tecum
and enforce its writs through sheriffs or other duly deputized officers. It shall punish direct and
indirect contempt in the same manner and subject to the same penalties as provided for in the
Rules of Court.


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

among themselves to represent such party or group before any LAB proceedings.

SEC. 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 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. 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

SEC. 23. Certiorari, Any decision, order, award or ruling of the LAA on any dispute or on
any matter pertaining to the application, implementation, enforcement or interpretation of this
Act and other pertinent laws on land administration and public land management may be

brought to the Court of Appeals by certiorari within fifteen (15) days from the receipt of a copy
thereof.

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

SEC. 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 LAA or any of its duly authorized or designated offices in
any case, dispute or controversy arising from, necessary to, or in connection with the
application, implementation, enforcement or interpretation of this Act and other pertinent laws
on land administration and public land management.

SEC. 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,
may require the parties to file simultaneous memoranda within a period of fifteen (15) days from
notice, after which the case is deemed submitted for decision.


ARTICLE VI
TRANSITORY PROVISIONS

SEC. 26. Transfer of Powers. The powers and functions of the LAA heretofore vested
by law in the DENR, the DOJ, the LRA/RoD, the LMB/LMS, the DENR-CARP National
Secretariat and the LAMP, or in any office within or attached to these agencies, are hereby
transferred to and vested in the office of the LAA Director General.

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

SEC, 28. Organization of the LAA. The LAA's organizational and administrative
structure and functions and staffing pattern, which shall not exceed the total number of
permanent positions that have been merged, including the personnel’s duties and
responsibilities and the appropriate compensation package, shall be submitted by the Director
General for review and approval of the President and shalll be fully implemented within a period
of three months after such approval.

SEC. 29. Transfer of Personnel, To ensure a smooth transition, all incumbent personnel
of the DENR’s LMB/LMS, the DENR-CARP National Secretariat and its field offices, the LAMP
and the DOJ's LRA/RoD shall continue to perform their present duties and functions as interim
personnel of the LAA until such time, being not later than twelve (12) months from the effectivity
of this Act, that the regular staff of the LAA, based on the new staffing pattern, shall have been
appointed: Provided, That 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: Provided, moreover, That except for the positions of Director General and
Deputy Directors General, there shall be no hiring of new personnel for the LAA.

SEC. 30. Abolition of the LMB/LMS, the DENR-CARP National Secretariat and the
LRA/RoD. The DENR’s LMB, LMS and CARP National Secretariat and its field offices, and the
DOJ's Land Registration Authority and Register of Deeds are hereby abolished.

SEC. 31. Separation Pay and Other Benefits. Personnel who are not offered
appointment within twelve (12) months upon the effectivity of this Act under the new staffing
pattern of the LAA on at least equivalent terms and conditions as their present employment by
reason of duplication or redundancy and those who decline an appointment in the LAA by
reason of diminution in rank and conditions shall be entitled to the separation pay and other
benefits in accordance with Sections 10.1 to 10.3 and 13 of Executive Order No. 366 dated
October 4, 2004

10


SEC. 32. Reemployment. Government personnel who are separated as a result of the
integration of the aforecited offices may apply for positions and be employed in other agencies
or branches of the government including government-owned and/or -controlled corporations
(GOCCs), government financial institutions (GFls) or local government units (LGUs).

‘SEC. 33. Unexpended Appropriations and Transfer of Assets. The unexpended
balances of appropriations in the current General Appropriations Act and other laws in force
upon approval hereof, pertaining to, held, or used by, or available to the LRA and RoD, the
LMB, the LMS, the DENR-CARP National Secretariat and its field offices, and the LAMP are
hereby transferred to the LAA.

Such other unexpended balances of appropriations as may be deemed appropriate by the
Department of Budget and Management for transfer to the LAA shall also be so transferred

All real and personal properties, assets, liabilities, records, documents, positions,
appropriations, contracts and agreements which, upon the effectivity of this Act, are vested in,
or owned, by the LMB/LMS, the DENR-CARP National Secretariat and its field offices, the
LRA/RoD and the LAMP are hereby transferred to the LAA.

SEC. 34. Penal Provisions. Any person who sells forms issued and distributed
gratuitously under this Act or who, being an officer charged with distributing them, refuses or
fails without sufficient reason to furnish the same shall be punished for each offense by a fine of
not less than One hundred thousand pesos (P100,000.00) and not more than One million pesos
(P1,000,000.00) or imprisonment of not less than six months nor more than three years, or
both, at the discretion of the court

Any person, corporation, association or partnership which, not being qualified or no longer
authorized to apply for registration purposes, files or induces or knowingly permits another
person, corporation, association or partnership to file an application in his/her or its behalf, or
for his/her or its interest, benefit or advantage shall be punished for each offense by a fine of
not less than One hundréd thousand pesos (100,000.00) or imprisonment of not less than five
years, or both, at the discretion of the court: Provided, That in case the offender is a
Corporation, association or partnership, their responsible officials shall be deemed jointly and
severally liable. The application shall be cancelled

Any person who shall, by deceit or fraud, acquire or attempt to acquire lands of the public
domain or other real property or any right, title or interest, or property right of any class to the
same, and any person aiding and abetting him therein or serving as a means or tool thereof
shall, upon conviction, be punished by a fine of not less than One hundred thousand pesos
(P100,000.00) and imprisonment of not less than five years nor more than twelve (12) years, or
both, at the discretion of the court.

a


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. 35. Preservation of Records. The LAA shall have possession and control of all
records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and
other property, real or personal, held for the benefit or use of all bodies, offices and officers
whose duties, powers and functions have been transferred to and conferred upon the 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, the 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, at the discretion of the court.

SEC. 36, Saving Clause. All orders, determination, rules, regulations, permits,
certificates, licenses and privileges which have been issued, made or granted effective by the
former LMB, LMS, LRA, RoD, DENR-CARP National Secretariat and its field offices, and
LAMP, or their predecessors shall continue to be in effect according to their terms until
modified, terminated, superseded, set aside or repealed.

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

12


ARTICLE VIL
MISCELLANEOUS PROVISIONS

SEC. 37. Use of Income. The LAA is hereby authorized to use twenty percent (20%) of

all revenues derived from fees, charges and other sources in the implementation of its projects.

SEC. 38. Assurance Fund. A special account within the LAA is hereby created for the
entire proceeds of the Assurance Fund, which shall no longer be paid to the National Treasurer
as provided for in Section 94 of Presidential Decree No. 1529. Claims from the Assurance
Fund shall be heard, decided and determined by the LAB. All pending cases or claims against
the Assurance Fund now being handled by the Bureau of Treasury, through the Office of the
Solicitor General, shall likewise be transferred to the LAB. Thereafter, the National Treasurer
shall no longer be impleaded as party in any action against the Assurance Fund.

SEC. 39. Indemnification of Officials and Personnel. The LAA shall indemnify all
officials and personnel for all costs and expenses reasonably incurred by such persons in
connection with any civil or criminal actions, suits or proceedings to which they may be or made
a party by reason of the performance of their functions or duties, unless they are finally
adjudged in such actions or proceedings to be liable.

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

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

SEC. 40. Implementing Rules and Regulations. Within sixty (60) days from the
effectivity of this Act, the LAA shall promulgate the rules and regulations to implement the
provisions of this Act. Said rules-and regulations shall be submitted to the Congressional
Oversight Committee for approval.

SEC. 41. Congressional Oversight Committee on the Land Administration Reform
Act. There is hereby created a Congressional Oversight Committee composed of seven
Members from the Senate Committee on Environment and Natural Resources and seven
Members from the House of Representatives Committees on Natural Resources, Housing and
Urban Development, and Government Reorganization

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The Congressional Oversight Committee, which shall function for a period of not more
than three years, shall review the implementing rules promulgated by the LAA including the
procedures on claims against the Assurance Fund and shall oversee the implementation of this
Act.

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

SEC. 42, Separability Clause, Should any provision of this Act or any part hereof be
declared unconstitutional or invalid by a court, the other provisions hereof which are not
affected thereby shall remain in force and effect.

SEC. 43. 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 modified
accordingly

Allother laws, decrees, orders, instructions, proclamations, rules and regulations or parts
thereof, including pertinent provisions of Commonwealth Act No. 141, as amended, Act No
496, Presidential Decree No. 1529, Executive Order No. 192 and its related rules and
regulations; Executive Order No. 469 dated February 11, 1981 and the subsequent Presidential
Memorandum Circular dated September 30, 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. 44, Effectivity. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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