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SEVENTEENTH CONGRESS ) FEB 2018

REPUBLIC OF THE PHILIPPINES }
Second Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.
5
House Bill No, @153

EXPLANATORY NOTE

In most developing countries, land is a notable means of generating a livelihood and
often the key instrument for investing, accumulating, and transferring wealth between
generations. Thus, the institutional and legal framework in which access to land is regulated,
property rights are defined, and ownership conflicts are resolved, have broad implications in
the country's pursuit for growth and poverty reduction.

Typically, an efficient land market allows the optimal use of land, and well-defined
property rights will help overcome credit market imperfections. However, the Philippine land
market has not been efficiently functioning (e.g. problems on fake titles and boundary
disputes among others).

‘At present, the Philippine land administration system is handled by multiple agencies
and governed by multiple laws resulting to different standards for surveys and mapping, land
valuation, overlapping land titing processes and so many opportunities for graft and
corruption. Inefficiencies in the system is due to outdated land legislation and administrative
processes which further lead to high cost of doing business involving real estate properties.

The institutional setting for land administration and management is characterized by
large, central agencies that are quite resistant to change. There are about four (4) agencies
involved and the two principal agencies are the Department of Environment and Natural
Resources (DENR) and the Land Registration Authority (LRA) of the Department of
Justice. There are two legal processes in gaining title to land—administrative and
judicial. Administrative processes leading to titles are handled by three agencies. The
DENR is responsible for issuing titles for all government or public land and the land alienated
through the issuance of patents, decrees and other legal instruments. The Department of
Agrarian Reform (DAR) implements the Comprehensive Agrarian Reform Program (CARP)
mandated by the Comprehensive Agrarian Reform Law (CARL) of 1988 (Republic Act No
6657) by issuing certificates of land ownership awards (CLOAs) to agrarian reform
beneficiaries (ARBs). The third administrative titing procedure relates to indigenous land
and is handled by the National Commission for Indigenous Peoples (NCIP) through the
issuance of certificates of ancestral domain titles (CADTs) and certificates of ancestral land
titles (CALTs).

The essential part of land administration is the survey, and management of land
records. It also includes the single and seamless digital map projection system to emphasize
the need to convert existing land records including survey data/maps/plans to digital format
Recently, the DENR, thru the Land Management Bureau has announced the successful
implementation of Cadastral Survey in the whole country in 2015. The first cadastral survey
in the country was conducted in 1908 in Pilar, Bataan. With the exit of cadastral survey, itis
imperative for the LMB to institutionalise the computerisation of technical data and land
records. Thus, Land Administration and Management System or LAMS was conceived
LAMS is an information system designed to provide effective management of land records
and efficient delivery of land transactions and information services to the public. The
establishment of the LAMS ensures the integrity and access to land information such as
cadastral maps, isolated survey plans, public land applications, patents and titles. It also
ensures the quick processing of land transactions and updating of land records, as well as
the tracking of applications undergoing processing. In addition to LAMS, the development

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and maintenance of a Digital Cadastral Database (DCDB) and Cadastral Spatial Data

Infrastructure (CSDI) should also be part of this act. DCDB and CSD! should be the medium

and long-term programs, respectively, of the LAA to support the planning, operations

management, and innovative efforts of the LAA.

‘Another essential part of land administration is the Land Registration Authority, a
government agency under the Department of Justice responsible for issuing decrees of
registration and certificates of tile and register documents, patents and other land
transactions for the benefit of landowners, agrarian-reform beneficiaries and the registering
public in general. Recently, it has been successful in the implementation of the Land Titing
Computerization Project (LTCP) which will further enhance the integrity of the Torrens
System as it is envisioned that a query on the status of a land title can be made anytime and
anywhere from any of the various Registry of Deeds nationwide and will hasten the
turnaround time in the generation and issuance of land title.

Both the DENR regional land management offices and Land Registration Authority
conduct verification and approval of subdivision or consolidation surveys for titing purposes,
which results in two different sets of parcel maps in different reference systems, and these
are not interlinked. Therefore, there is a need to integrate these agencies into one agency
capable of delivering services in public land administration

The country's land administrative approach must be streamline hence the Land
Administration Reform Act Bill is submitted creating the Land Administration Authority which
will serve as the primary government agency responsible for land administration and public
land management. Itis envisioned:

.. To produce a single system of map projection;

To eradicate the proliferation of fake land titles;
To provide a comprehensive and accurate data on land resources of the country;
To provide economic data for land-based development studies of the country;

. To provide a secure, stable and trustworthy record of land ownership and recorded
interests therein so as to promote social and economic well-being and contribute to
the national development;

To reduce the cost of duplication of administrative process;

g. To provide an integrated delivery of services to the public to facilitate land related
transactions to the government and the public through integrated land registration
and record management systems.

h. To provide reliable information to facilitate "parcel-based” Comprehensive Land Use
Plan (CLUP) formulation and updating;

i. To ensure the availability of parceL-based information for pre- and post-Disaster Risk
Reduction Management (DRRM); and

j. To maintain credible data to support land transaction system for investment

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purposes.

The proposed Land Administration Reform Act will be a guiding force of the contribution
of lands to the country’s socio-economic goals. It shall be geared towards sustainable
management of land resources and records; standardization of the titling process; and the
development of increased transparency and accountability across the whole administration
process. Efficient land administration towards security of tenure, poverty reduction and
economic development will thus be attained.

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES y

Second Regular Session
HOUSE OF REPRESENTATIVES
Introduced by Representative Maximo B. Rodriguez, Jr.
House Bill No. 7153
AN ACT

INSTITUTING REFORMS IN LAND ADMINISTRATION, CREATING FOR THE PURPOSE,
THE LAND ADMINISTRATION AUTHORITY AND APPROPRIATING FUNDS THEREFOR

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.”

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) Ensure equitable distribution and full utilization and development of alienable and

disposable lands;

b) Undertake a comprehensive and continuing land administration program that will
make the processes and procedures of land survey, titing and registration affordable,
expeditious and reliable
Rationalize the structure, powers, functions, and competencies of the different land
administration agencies and integrate all land administration and registration policies,
Plans, programs and projects of various government agencies to ensure efficiency
and remove overlaps and duplication in the delivery of land administration services;
d) Ensure the attainment of the government's asset reform programs; and
e) Recognize, respect and ensure participation of the basic sectors of society in the

enforcement of land related rights.

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Sec 3. Definition of Terms. — As used in this Act
a) Alienable and disposable land refers to lands of the public domain which have been

delineated, classified and certified as available for disposition under Commonwealth

‘Act No. 141, otherwise known as the Public Land Act;

Consulta. refers to the procedure wherein the issue of registrability of certain

instruments is resolved in accordance with Presidential Decree No. 1529, otherwise

known as the “Property Registration Decree”,

c) Land administration refers to the processes of determining, recording and

disseminating information about the ownership, value and use of land;

Land management refers to activities associated with the management of land as an

environmental and a socio-economic resource such as surveys, mapping, titing and

registration;

e) Public domain refers to lands belonging to the State which may be classified as
agricultural, forest or timber, mineral, or national park as provided for in the 1987
Constitution;

b

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f) Cadastral survey refers to the survey of a city, municipality or province to determine

its metes and bounds or political boundaries. It also covers the identification and

delineation of individual lots of all landowners and claimants and the establishment of
survey control points;

Land ownership is the right and interest which a person has in land to the exclusion

of others. It is the independent right of exclusive enjoyment and control over land for

the purpose of deriving there from all advantages required by the reasonable needs
of the holder of the right and the promotion of the general welfare but subject to the
restrictions imposed by law and the rights of others.

Land value is the value of the piece of a property, including both the value of the land

itsetf as well as any improvements that have been made to it:

i) Land use is the function of land - what it is used for. Land use varies from area to
area. In rural areas (countryside) land use can include forestry and farming. Land use
involves the management and modification of natural environment or wilderness into
built environment such as settlements and semi-natural habitats such as arable
fields, pastures, and managed woods;

j) Mapping is the creation of maps, a graphic symbolic representation of the significant

features of a part of the surface of the earth; and

Survey is the technique, profession, and science of determining the terrestrial or

three-dimensional position of points and the distances and angles between them

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ARTICLE Il
CREATION, STRUCTURE, POWERS AND FUNCTIONS

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

SEC 5. Powers and Functions of the Authority.- The Authority shall exercise the following
powers and functions:
a) Survey & Mapping

1) Execute, verify and approve all nationwide cadastral surveys conducted in accordance
with the provisions of Act No. 2259, otherwise known as the Cadastral Act, and all
original and private land consolidation and consolidation-subdivision surveys intended
for titing purposes;

2) Conduct and/or approve surveys and mapping necessary in the implementation of
Republic Act No. 7160, otherwise known as the Local Government Code,
Republic Act No. 7279, otherwise known as the Urban Development and Housing
Act, Republic Act No. 8435, otherwise known as the Agriculture and Fisheries
Modernization Act (AFMA), Republic Act No. 7916, otherwise known as the Special
Economic Zone Act of 1995, Republic Act No. 6657, otherwise known as the
Comprehensive Agrarian Reform Law and other existing laws requiring survey and
mapping. For this purpose, the Authority shall coordinate with the National Mapping
and Resource Information Authority (NAMRIA), local government units and other
pertinent agencies for the development of a standardized mapping system and
procedures.

3) Ensure that all surveying and mapping activities in the country shall be based on the
Philippine Reference System of 1993 as prescribed in Executive Order No. 45, series
of 1993 entitled, “Adopting the Philippine Reference System of 1992 as the Standard
Reference System for Surveys in the Philippines’ and its derivative systems.

b) Land Registration

1) Register original titles to land and subsequent dealings conceming registered lands
under the provisions of Commonwealth Act 141 and Presidential Decree No. 1529 as
amended, Republic Act No. 6657, Republic Act No. 8371, otherwise known as the

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Indigenous Peoples Rights Act and Republic Act No. 10023, otherwise known as the
Free Patent Act;

2) Determine and identify spurious, fake, defective and other questionable titles;

3) Undertake thorough investigation of questionable titles and, when merited, initiate the
proper proceedings for their cancellation or annulment under the rules and
procedures that it shall promulgate consistent with this Act and other existing laws;

4) Correct defective titles through administrative processes. Provided, That the
correction shall only be for minor and apparent typographical errors.

c) Land Administration and Management

1) Administer, manage and dispose of all alienable and disposable lands under the
provisions of Commonwealth Act No. 141, Act No. 1120, otherwise known as the Friar
Lands Act, and patrimonial property of the National Government under Act No. 3038,
entitled “An Act Authorizing the Secretary of Agriculture and Natural Resources to Sell
or Lease Lands of the Private Domain of the Government of the Philippine Islands”,
and such other public lands that 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 identifying
alienable and disposable lands of the public domain for the accelerated
implementation of agrarian reform, socialized housing, resettlement and other similar
government programs.

d) Land Information and Management System

1) Establish and maintain a secure, integrated and accessible computerized database
of all survey and mapping records, registration and titling;

2) Establish and maintain an information technology system that shall provide public
accessibility to land information as well facilitate linkage and information-sharing
among concemed offices of the Authority;

3) Establish and maintain an efficient custodial and storage system to ensure the
security and integrity of all survey, mapping and titling and registration.

4) Establish and maintain the Digital Cadastral Database (DCDB) and Cadastral Spatial
Data Infrastructure for medium and long-term programs to support the planning,
operations management and innovative efforts of the Authority.

e) Other Functions

1) Formulate policies and implement 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) Enter into contracts in the implementation of this Act, subject to existing laws;

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

SEC. 6. 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;
(c) The Offices of the five (5) Assistant Directors General; and
(d) Land Offices

SEC. 7. The Director General.- The Authority shall be headed by a Director General who
shall hold a Cabinet rank and who shall be appointed by the President. The appointment
shall be for a fixed term of four (4) years subject to reappointment for another four (4) years
only: Provided, That no person shall be appointed as Director General unless a member of
the Philippine Bar or a Geodetic Engineer or any person with proven competence in land
administration and management.

The Director General shall have the following functions:

a) Promulgate rules, regulations and other issuances necessary in carrying out the

Authority's mandate;


b) Establish policies and standards for the efficient and effective operations of the
Authority;

c) Formulate strategic plans and programs including research and development:

d) Appoint subordinate officials holding the positions of Provincial and City Executive
Land Officers and their respective rank and file personnel in accordance with the Civil
Service laws, rules and regulations;

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

f) Delegate authority over all powers, functions and activities of the Authority; and

g) Perform such other functions as may be provided by law or assigned by the
President.

SEC. 8. 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 or reassign the respective functional administrative divisions
of responsibility of the Deputy Director General, as follows:
a) Survey and Mapping- all technical programs, procedures and operations involved

in the surveying and mapping activities of the Authority:
Land Registration - all technical programs, procedures and operations in the
registration functions of the Authority;
c) Land Administration and Management- all technical programs, procedures and
operations in the disposition, administration and management of alienable and
disposable lands not otherwise in the control of any other agency or
instrumentality of the government;
Land Information and Technology - all technical programs, procedures and
operations in the records and information technology management functions of
the Authority.

The Deputy Director General for Land Title Registration shall be a member of the
Philippine Bar with experience on land registration while the Deputy Director General for
Survey shall be a Geodetic Engineer.

b)

d

SEC. 9. Powers and Functions of Deputy Directors General.- The Deputy Directors
General shall exercise 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 one's area of functional responsibility;

b) Issue technical and operating standards, guidelines, regulations and orders to enforce
policies: Provided, That the Deputy Director General assigned to land title registration
shall resolve issues of registrability of instruments elevated in consulta as provided
for under Presidential Decree No. 1529, as amended;

c) Supervise and monitor the field offices on the implementation of policies, programs
and projects;

d) Ensure the proper coordination of the functions and activities with other concerned
units of the Authority;

e) Exercise authority on monitoring and evaluation of technical and operating standards
related to the functions and activities of the land offices of the Authority; and

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

SEC. 10. Assistant Directors General.- The Director General and Deputies shall be
assisted by five (5) Assistant Directors General who shall be appointed by the President
accordingly for:

a) Survey and Mapping;

b) _Land Registration;

c) Land Administration and Management;


d) Land Information and Management System; and
) Administration and Operations

SEC. 11. Land Administration Offices.- Permanent Field offices at the chartered cities and
provincial levels are hereby established and shall be called Provincial and City Land Offices
which shall be headed by Executive Land Officers: Provided, That provinces and cities with
existing Registry of Deeds upon approval of this Act, shall automatically be converted into
Land Administration Offices of the Authority.

The Land Administration Offices at the provincial and city levels shall be comprised
of the following offices: a) surveys and mapping; b) registration and titing: c) land
administration; d) records and information technology; e) administrative support; f) legal unit;
and g) such other units as may be established by the Director General: Provided, That the
Authority shall ensure that Land Administration Offices shall be strategically located to
provide easy access to the public

ARTICLE IV
LAND ADJUDICATION BOARD

SEC. 12. 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 or controversies arising therefrom: Provided, That all petitions for the
correction of clerical or typographical errors committed in writing, copying,
transcribing or typing of an entry in the maps, survey plans and certificates of land
titles shall be administratively addressed by the Authority's Land Administration
Offices;

b) Exercise exclusive original jurisdiction on conflicts arising from the determination and
adjudication in land administration and public land management matters, except
cases falling under the jurisdiction of the Department of Agrarian Reform (DAR)
under the CARP Law and the National Commission on Indigenous Peoples under the
IPRA law unless specifically provided herein: Provided, That jurisdiction over conflicts
and cases arising from ownership of private lands shall remain with the regular
courts. Provided further, That existing cases on land ownership and conflicts pending
in the regular courts shall remain under the court's jurisdiction unless otherwise
remanded by the courts to the Authority or LAB for disposition subject to the pertinent
provisions of this Act;

c) Exercise appellate jurisdiction over all cases decided by the Local Land Adjudication
Board (LAB).

The LAB shall be under the administrative supervision of the Director General
and shall be divided into three divisions. Each division shall exercise equal powers,
independently resolving cases raised on appeal from the Local Land Adjudication
Boards, created pursuant 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

d

Exercise quasi-judicial function on the settlement of boundary disputes which is
appealable to the Court of Appeals.

SEC. 13. Composition.- Each Division of the LAB shall be composed of four (4) members
who shall be appointed by the President for a fixed term of four (4) years and can be
reappointed for another term of four (4) years


All three (3) members of the LAB shall be members of the Philippine Bar and another
member is a registered Geodetic Engineer with at least ten (10) years experience in property
and land administration and management matters.

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

SEC. 14. 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 three (3) fulttime members wherein one is a lawyer or a
graduate of Bachelor of Laws, a geodetic engineer, and a person with experience on land
administration and management. The legal unit of the provincial land offices shall serve as
the secretariat which shall provide administrative support services to the LLAB.

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

SEC. 15. Proceedings and Procedure.- The LAB shall not be bound by technical rules of
procedure and evidence but shall proceed to hear and decide all cases, disputes, or
controversies in a most expeditious manner, employing all reasonable means to ascertain
the facts of every case in accordance with justice and equity and the merits of the case.
Toward this end, it shall adopt a uniform rule of procedure to achieve a just, expeditious, and
inexpensive determination of merits: Provided, That it shall endeavour 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 (2) or more
representatives for any individual or group, the representatives should choose only one from
among themselves to represent such party or group before any LAB proceedings.

SEC. 16. Finality of determination. Any case of 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.

SEC. 17. 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. 18. 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 management may be brought to
the Court of Appeals by certiorari within fifteen (15) days from the receipt of a copy thereof,

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

SEC.19. Restraining Order or Preliminary Injunction.- Only 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, registration and public land management.

‘SEC.20. Procedure on Review.- Review by the Court of Appeals 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. 21. Transfer of Powers.- The powers and functions vested by law in the LMB of
DENR, the LRA/RoD, the DENR-CARP National Secretariat and other related offices as
contemplated under this Act, are hereby transferred to the LAA.

SEC. 22. integration of the LMB, the DENR-CARP National Secretariat and the
LRA/RoD.-The DENR's Land Management Bureau and CARP National Secretariat and its
field offices, and the Land Registration Authority and Register of Deeds, are hereby
integrated into the Authority

SEC. 23. Organization of the LAA.- The Authority's organizational and administrative
structure and functions and staffing pattem, including the personnels duties and
Tesponsibiliies and the appropriate compensation package, shall be submitted by the
Director General to the President for review and approval, and shall be fully implemented
within a period of six (6) months after such approval.

SEC. 24. Transfer of Personnel.- To ensure a smooth transition, all incumbent personnel of
the DENR's LMB, the DENR-CARP National Secretariat and its field offices and the
LRA/ROD shall continue to perform their present duties and functions as interim personnel of
the Authority until such time, being not later than twelve (12) months from the effectivity of
this Act, that the regular staff of the Authority, based on the new staffing pattem, shall have
been appointed: Provided, That all incumbent and qualified personnel of the DENR's LMB,
DENR-CARP National Secretariat and its field offices, the LRA/RoD shall be prioritized in
filling up the appropriate positions for regular personnel of the Authority and its field offices.
Provided further, That the regular personnel shall be appointed by the Director General, or
hiswher 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.

SEC. 25. 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 of 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 incentives at the rate
equivalent to the following:

One (1) month of the basic salary for every year of government service and a fraction
thereof, for those who have rendered twenty (20) years of service and below;

One and one-half (1 %) month of the present basic salary for every year of government
service and a fraction thereof, computed starting from the 1 year, for those who have
rendered twenty one to thirty (21-30) years of service; and


‘Two (2) months of the present basic salary for every year of government service and a
fraction thereof, computed starting from the 1" year, for those who have rendered thirty one
(31) years of service and above.

Affected personnel shall also be entitled to other benefits as may be authorized by
existing laws and regulations. Furthermore, they shall be entitled to the refund of their
contributions including government share to the Home Development Mutual Fund (PAG-
IBIG) and the Government Service Insurance System (GSIS) and to the commutation of their
unused vacation and sick leaves in accordance with existing rules and regulations.

Employees who are offered appointments under the new staffing pattern of the
Authority without any diminution 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, That those who
qualified to retire shall be allowed to retire and be entitled to all the benefits provided under
pertinent retirement laws

SEC. 26. Reemployment.- In view of Section 16, Article XVII of the Philippine Constitution,
government personnel who are separated as a result of the integration of the aforecited
Offices to LAA, 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 (GFis), or local government units (LGUs), subject to the
sound discretion of the concerned appointing authority and the provision of the Civil Service
Law, rules and regulations.

SEC. 27. 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 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 Authority shall also be so
transferred

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

SEC. 28, 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 Fifty thousand pesos (PhP50,000.00) and not more than One hundred thousand pesos
(PhP100,000.00) or imprisonment of not less than six (6) months nor more than one (1)
year, or both, at the discretion of the court.

Any person, corporation, association, or partnership which, not being qualified or no
longer authorized to apply for registration purposes, files or induces or knowingly permits
another person, corporation, association, or partnership to file an application in his/her or its
behalf or for his/her or its interest, benefit, or advantage, shall be punished for each offense
by a fine of not less than One hundred thousand pesos (PhP100,000.00) and not more than
Five hundred thousand pesos (PhP500,000.00) or imprisonment of not less than three (3)
years and one (1) day nor more than six (6) 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

10


tool thereof, shall, upon conviction, be punished by a fine of not less than One hundred
thousand pesos (PhP100,000.00) and imprisonment of not less than six (6) years nor more
than twelve (12) years, or both, at the discretion of the court.

Any person who shall tamper or attempt to tamper any records of the Authority that
will result in the acquisition of rights, title or interest over real property and any person aiding
and abetting him therein or serving as a means or tool thereof, shall, upon conviction, be
punished by a fine of not less than Five hundred thousand pesos (PhP500,000.00) 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 under this Act and other
existing laws and depending on the gravity of the offense committed, meted the appropriate
administrative penalties under Civil Service laws, rules and regulations.

SEC. 29. Preservation of Records.- The Authority shall have possession and control of all
records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land
and other property, real or personal, held for the benefit or use of all bodies, offices, and
officers whose duties, powers, and functions have been transferred to and conferred upon
the Authority.

Pending a written notice of receipt issued by a duly authorized officer of the
Authority, it shall be the duty of any and all personnel responsible for, or in possession of
records relating to the affairs of the LMB, the DENR-CARP National Secretariat and its field
Offices, the LRA and the RoD to protect and preserve such records.

Without prejudice to any other penalties provided for by law, any person who fails to
fulfil one's duty pursuant to the above paragraph, shall be guilty of an offense against the
provisions of this Act, punishable by a fine of not less than One milion pesos
(PhP1,000,000.00) or imprisonment of not more than five (5) years, or both, upon the
discretion of the court.

SEC. 30. Saving Clause.- All orders, determination, rules, regulations, permits, certificates,
licenses, and privileges which have been issued, made, or granted effective by the former
LMB, 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, 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 ike 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 Provided, That causes of actions, suits, or
other proceedings may be asserted for, or against the Authority, or for, or against any officer
of the Authority as may be appropriate.

ARTICLE Vil
MISCELLANEOUS PROVISIONS

SEC. 31. Public Consultations. The Authority shall, whenever necessary, conduct public
consultations on matters pertaining to land administration and management of alienable and
disposable lands with the end in view of formulating new, and improving existing policies that
shall affect the survey, mapping, titling and registration of lands.

SEC. 32. Use of Income.- The Authority is hereby authorized to use twenty percent (20%)
of all revenues derived from fees, charges and other sources in the implementation of its
projects according to existing rules and regulations of the Department and Budget
Management and the Commission on Audit. All donations and grants received by the
Authority may be used to finance its programs and projects in pursuit of its mandate.

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SEC. 33. 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. The existing
accounts of assurance fund created under Presidential Decree No. 1529 held by the
National Treasurer shall be transferred to the Authority. All 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 ikewise be transferred to the LAB. Thereafter, the National Treasurer
shall no longer be impleaded as party in any action against the Assurance Fund.

SEC. 34. Indemnification of Officials and Personnel.- The Authority shall indemnify all
officials and personnel for all costs and expenses reasonably incurred by such persons in
connection with any civil or criminal actions, suits, or proceedings to which they may be or
made a party by reason of the performance of their functions or duties, unless they are
finally adjudged in such actions or proceedings to be liable.

SEC. 35. Implementing Rules and Regulations.- Within one hundred twenty (120) days
from the effectivity of this Act, the Authority shall promulgate the rules and regulations
necessary to implement the provisions of this Act.

SEC. 36. Congressional Oversight Committee on the Land Administration Reform Act.
— There is hereby created a Congressional Oversight Committee composed of five (5)
Members from the Senate and the House of Representatives, respectively to be designated
by the Senate President and the House Speaker, as the case may be. The Chairman of the
Committee on Environment and Natural Resources of the Senate and the Chairman of the
Committee on Natural Resources of the House of Representatives shall serve as co-
chairman of the oversight committee

The Congressional Oversight Committee, which shall function for a period not more
than five (5) years, shall review the implementing rules promulgated by the Authority
including the procedures on claims against the assurance fund, and the implementation of
this Act. Provided, That the Congressional Oversight Committee shall set the guidelines and
‘overall framework for the monitoring of the implementation of this Act and shall adopt its
internal rules of procedure. Provided further, That the Secretariat of the Congressional
Oversight Committee shall be drawn from the existing personnel of the concerned Senate
and House of Representatives offices comprising the Congressional Oversight Committee.

SEC. 37. Appropriations. - The amount necessary to implement the provisions of this Act
shall be charged against the current year's appropriations of the LMB, LRA, RoD,
DENR-CARP National Secretariat and other concemed agencies. Thereafter, such sums as
may be necessary for its continued implementation shall be included in the annual General
Appropriations Act.

SEC. 38. Repealing Clause.- The pertinent provisions of the CARL and the IPRA with
regard to the conduct of survey, approval of survey results, preparation and issuance of
tenure instruments, are hereby amended or modified accordingly.

All other laws, decrees, orders, instructions, proclamations, rules and regulations or
parts thereof, including pertinent provisions of Commonwealth Act No. 141, Act No. 496,
Presidential Decree No. 1529, Executive Order No. 192 Series of 1987 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.

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SEC. 39. 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. 40. 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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