TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S. No.
of i:r : n.5rj»
25 JULIO P4 :17
RECEIVED BV-
Introduced by Senator Panfilo M. Lacson
AN ACT
INSTITUTING REFORMS IN LAND ADMINISTRATION
EXPLANATORY NOTE
Land is the ultimate resource in sustaining life, and thus, good stewardship in 
land use is essential for present and future generations.
The world's population has doubled in the last 40 years and passed the 7 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. Yet again, only less than half of the world's 
population has secured 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. They also underscored the need to facilitate full and equal access to 
land-related economic opportunities such as credit and natural resources.
However, the performance of government agencies undertaking land 
administration functions such as land surveys, mapping, classification, titling and 
disposition and registration is considered below par. The services provided by these


agencies do not address our domestic problems on sustainable development and much 
more, global concerns.
The problem is largely attributed to fundamental legal and institutional defects 
in both the structure and operations of the land administration system. For one, there 
are many laws governing land administration functions. This results in the existence 
of a number of institutions administering our scarce land resources which bring 
confusions, delays, high transaction costs for both government and users, low 
investment, and graft and corruption.
These institutional and structural defects in land administration are detrimental 
to the sustainable development of natural resources. More so, these 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; proliferation of fake titles; duplication and overlap of activities among 
government agencies; and, unnecessary costs of land administration services to both 
the national and local governments and the clients.
To address these problems, the Government has been undertaking a Land 
Administration and Management Project preparatory to a long-term program to reform 
the present land administration system, thereby promoting sustainable development, 
economic growth, and poverty alleviation.
However, to pursue the necessary reforms, it is a fundamental prerequisite to 
consolidate and streamline within a single government agency of land administration 
the powers and functions currently dispersed across the Department of Justice's Land 
Registration Authority and Registries of Deeds; 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, the Comprehensive Agrarian Reform Program (CARP) 
Secretariat and its field offices.
The integration of these agencies/offices into a single agency will: 
a. Implement the necessary reforms in the land administration system to provide 
land information and services necessary to pursue sustainable management of 
natural resources, among others;


b. 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;
c. 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;
d. 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;
e. Create scope to achieve significant savings through the elimination of 
duplicated administrative support services and other costs arising from the 
current fragmentation of land administration services over time; and
f. Enable the development of increased transparency and enhancement of 
professionalism and accountability across the whole land administration 
system.
The proposed Land Reform Act seeks to improve the land sector as a driver to 
sustainable development, economic growth, and poverty alleviation. The bill's 
enactment will ensure recognition of the Philippines in the global initiative for 
sustainable development. It will ultimately improve the access to land and services for 
the majority of the Filipino people, especially the poor. I strongly recommend the Bill 
for favorable consideration by the Senate.
\i/h
PANF! IM.LACSON
Senator


TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
V. 
of i:if ••••rrMT
25 JULIO P4 :17
SENATE
s. No. 402
W:CE!VEO LW.
Introduced by Senator Panfilo M. Lacson
AN ACT
INSTITUTING REFORMS IN LAND ADMINISTRATION
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress Assembled:
ARTICLE I
GENERAL PROVISIONS
1 
Section 1. Short Title. — This Act shall be known as " The Land Administration
2 
Reform Act'.
3 
Sec. 2. Declaration of Policy. — It is the policy of the State to institutionalize
4 
reforms in land administration in order to optimize and rationalize their contribution
5 
to the goals of national development, the eradication of poverty, and the attainment
6 
of social, economic, and cultural justice. Towards this end, the State shall:
7 
a. Promote efficient and effective mapping, land survey, classification, disposition,
8 
registration, and management of private and public lands;
9 
b. Undertake a comprehensive and continuing land administration program that
10 
will make the processes and procedures on land registration and titling
11 
affordable and expeditious;
12 
c. Assist in the attainment of the government's asset reform programs;
13 
d. Accelerate and complete the distribution, titling, and registration of alienable or
14 
disposable lands to provide security of land tenure;
15 
e. Undertake reforms in land administration and management to ensure equitable
16 
distribution and full utilization and development of alienable or disposable
17 
lands;
1


f.
24
25
26
27
28
29
30
31
32
g-
1 
2
3
4
5
6
7
8 
9
10 
11 
12
13
14
15
16
17
18
19
20 
21 
22
23 shall,
h.
i.
j.
k.
l.
m
n.
0.
a.
b.
c.
Improve the efficiency, effectiveness, transparency, and accountability of land 
administration services;
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;
Establish an administrative system for the cancellation of duplicate and fake 
titles and the eradication of land grabbing activities;
Provide accessible, efficient, and affordable land administration services to the 
people through the establishment of One-Stop-Shops nationwide;
Establish an effective land information system and provide easy and affordable 
access to land information by members of the public;
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 
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 
unless the context indicates otherwise, have the following meanings;
"Director General" refers to the person occupying the position of Director 
General of the Land Administration Authority created by this Act including any 
person appointed as Acting Director General;
"LandAdministration and Public LandManagement"ref&cs 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;
"Lands Management Bureau (LMB)"vefers to a staff Bureau of the Department 
of Environment and Natural Resources (DENR);


1 
d. "Lands Management Services (LMS)"refers to the land management sector or
2 
offices of the DENR at the regional, provincial, and district level;
3 
e. "Land Registration Authority (LRA)" refers to an attached agency of the
4 
Department of Justice (DOJ), including the Registers of Deeds (RoD);
5 
f. "Nationai Mapping and Resource Information Authority (NAMRIA) "refers to the
6 
agency known by that name attached to the DENR;
7 
g. "Land Administration and Management Project (LAMP)"refers to the project
8 
office providing 
technical and administrative 
support to the interagency
9 
endeavor of the Philippine government to identify strategic directions 
toward
10 
land administration reform in land institutions, laws, taxes and fees, and
11 
valuation; and
12 
h. "Classification and Reclassification"refers to the Act of Congress in setting the
13 
specific limits of forestlands and national parks and increasing or decreasing
14 
their boundaries by law, as provided for in Article XII, Section 4 of the 1987
15 
Philippine Constitution.
16 
ARTICLE II
17 
CREATION OF THE LAND ADMINISTRATION AUTHORITY
18 
Sec. 4. Creation of the Land Administration Authority (LAA)= - To carry out the
19 
purposes of this Act, the Land Administration Authority (LAA) is hereby created and
20 
placed under the Office of the President. It shall be the primary government agency
21 
responsible for land administration and public land management.
22 
Sec. 5. Powers and Functions of the LAA. - The LAA shall exercise the following
23 
powers and functions:
24 
a. Conduct, integrate and regulate the functions of geodetic and geophysical
25 
surveys, land classification surveys, mapping, aerial photography, remote
26 
sensing, management of resource information needed by both public and
27 
private sectors, and research development thereof in accordance with existing
28 
laws and internationally accepted norms, procedures, and standards;
29 
b. Survey, map and maintain data base to support the determination of specific
30 
limits of forest lands and national parks by Congress as provided under Section
31 
4, Article XII of the Constitution;


1 
c. Survey, map, maintain database on, administer, manage and/or dispose of all
2 
alienable and disposable lands of the public domain and other lands, including
3 
foreshore and marsh lands, under the provisions of Commonwealth Act No.
4 
141, as amended, otherwise known as the Public Land Act, and in accordance
5 
with existing laws;
6 
d. Manage, sell, and/or dispose the remaining Friar Lands under the provisions of
7 
Act No. 1120, as amended, and in accordance with existing laws;
8 
e. Manage and dispose lands of patrimonial property of the National Government
9 
under the provisions of Act No. 3038, or such other Government lands as have
10 
not been placed under the administration, management, control or exclusive
11 
use of any other government agency by legislative or executive issuance;
12 
f. Register original titles to land issued pursuant to Commonwealth Act No. 141
13 
and subsequent dealings of registered lands under the provisions of Act No.
14 
496 and Presidential Decree No. 
1529, otherwise 
known as the Land
15 
Registration Act and the Property Registration Decree, respectively;
16 
g. Conduct, regulate and approve all types of land surveys including surveys
17 
intended for the implementation of Commonwealth Act No. 141, Republic Act
18 
No. 6657 or the Comprehensive Agrarian Reform Law (CARL), Republic Act No.
19 
8371 or the Indigenous Peoples Rights Act of 1997 (IPRA) and Republic Act No.
20 
7279 or the Urban Development and Housing Act (UDHA);
21 
h. Prepare, issue, and register all titles to land issued pursuant to Commonwealth
22 
Act No. 141 and subsequent dealings of registered lands including all types of
23 
tenure instruments intended for the implementation of the CARL, UDHA and
24 
the IPRA;
25 
i. Determine, fix, and collect reasonable amounts to be charged as administrative
26 
fees, fines, and penalties relative to the implementation of this Act;
27 
j. Formulate land administration and management policies in accordance with
28 
existing national laws;
29 
k. Promulgate rules, regulations, circulars and other administrative issuances as
30 
may be necessary to implement the provisions of this Act;


1 
I. Such other functions undertaken by the LRA/RoD, LMB/LMS, NAMRIA, DENR-
2 
Comprehensive Agrarian Reform Program (DENR-CARP) National Secretariat
3 
under P.D. 1529 and C.A. 141, as amended; and
4 
m. Such other functions as are necessary, proper, and incidental to implement the
5 
provisions of this Act.
6 
Whenever any reference is made to the LRA/RoD, LMB/LMS, NAMRIA, DENR-
7 
Comprehensive Agrarian Reform Program (DENR-CARP) National Secretariat under
8 
E.O. 192, P.D. 1529, and C.A. 141, as amended, pertaining to a duty, power, purpose,
9 
responsibility, or jurisdiction transferred to the LAA by this Act, it shall be deemed to
10 
be a reference to, and to mean, the Land Administration Authority and the Director
11 
General of the LAA, as the case may be.
12 
Sec. 6. Stakeholders'Advisory Committee. - The LAA shall be assisted by a
13 
Stakeholders' Advisory Committee composed of the following:
14 
a. Six (6) representatives from the basic sectors (farmers, fisherfolk, urban poor,
15 
workers in the informal sector; indigenous peoples and NGOs) chosen through
16 
the nomination process of the National Anti-Poverty Commission (NAPC);
17 
b. Two (2) representatives from the NAPC Women's Sectoral Council;
18 
c. Three (3) representatives from the private sector such as, but not limited to,
19 
real estate, professionals/practitioners, and academe to be appointed by the
20 
President; and
21 
d. The LAA Director General, as ex-officio member.
22 
The President shall designate the chairperson from among the members of the
23 
Committee. The members of the Committee, except the LAA Director General, shall
24 
not hold office in the LAA nor receive any salary but shall be entitled, for actual
25 
attendance during meetings, to such allowances and honoraria as are allowed by rules
26 
and regulations promulgated by the Commission on Audit.
27 
Sec. 7. Functions of the Stakeholders Advisory Committee. - The Committee
28 
shall advise the LAA on the formulation of policies and policy development pertaining
29 
to land administration and public land management and shall monitor their
30 
implementation. It shall submit, within three months following the end of each
31 
calendar year, a report to the President on its advisory and monitoring activities.


1 
Sec. 8. Meetings of the Committee. - The Chairperson shall convene regular
2 
meetings of the Committee, which shall be at least once every quarter. Special
3 
meetings may also be called by the Chairperson or at the initiative of at least three
4 
(3) members.
5 
Sec. 9. Secretariat and Logisticai Support. - The Office of the Director General
6 
shall provide secretariat and logistical support to the Committee.
7
8 
ARTICLE III
9 
IMPLEMENTING MECHANISM
10
11 
Sec. 10. Structure and Organization, -The LAA shall consist of:
12 
a. The Office of the Director General;
13 
b. The Offices of the Deputy Director Generals;
14 
c. The Offices of the Assistant Director Generals; and
15 
d. Field Offices.
16 
Sec. 11. The Director Generai. - The authority and responsibility for the
17 
exercise of the mandate of the LAA, the accomplishment of its objectives, and the
18 
discharge of Its powers and functions shall be vested in the Director General, who
19 
shall exercise control and supervision over the LAA and shall be appointed by the
20 
President. For such purposes, the Director General shall have the following functions:
21 
a. Advise the President on the promulgation of rules, regulations, and other
22 
issuances relative to land administration and public land management;
23 
b. Exercise appellate jurisdiction of all cases arising from conflicting land surveys;
24 
c. Establish policies and standards for the efficient and effective operations of the
25 
LAA in accordance with the programs of the Government;
26 
d. Promulgate rules, regulations, and other issuances necessary in carrying out
27 
the LAA's mandate, objectives, policies, plans, programs and project;
28 
e. Exercise control and supervision over all functions and activities of the LAA;
29 
f. Delegate authority over all powers, functions and activities of the LAA; and
30 
g. Perform such other functions as may be provided by law or assigned by the
31 
President.


1 
Sec. 12. Office of the Director General. - The Office of the Director General
2 
shall consist of the Director General, his immediate staff, and the Office of the Legal
3 
Services.
4 
Sec. 13. Deputy Director Generals. - The Director General shall be assisted by
5 
at least three (3) Deputy Director Generals who shall likewise be appointed by the
6 
President. The Director General is hereby authorized to delineate, assign, and/or
7 
reassign the respective functional areas of responsibility of the Deputy Director
8 
Generals: Provided, That no Deputy Director General shall be assigned primarily
9 
administrative responsibilities. Within his functional area of responsibility, a Deputy
10 
Director General shall have the following functions:
11 
a. Advise the Director General in the promulgation of administrative orders and
12 
other issuances with respect to his area of responsibility;
13 
b. Exercise supervision over the offices, departments, or operating units and
14 
officers and employees under his responsibility;
15 
c. Promulgate rules and regulations that will efficiently and effectively govern the
16 
activities of units under his responsibility;
17 
d. Coordinate the functions and activities of the units under his responsibility with
18 
those of other units under the responsibility of other Deputy Director Generals;
19 
e. Exercise authority on substantive and administrative matters related to the
20 
functions and activities of units under his responsibility as may be delegated by
21 
the Director General; and
22 
f. Perform other functions as may be provided by law or assigned by the Director
23 
General.
24 
Sec. 14. Assistant Director Generals. - The Director General and Deputy
25 
Director Generals shall be assisted by five (5) Assistant Director Generals in the
26 
formulation, management and implementation of land administration and public land
27 
management laws, policies, plans, programs, and projects.
28 
Sec. 15. Field Offices. - The LAA shall establish permanent field offices at city
29 
and provincial levels. The LAA may also establish additional field offices in a city or
30 
province as it may determine for the efficient and effective delivery of its services


1 
subject to the approval of the President: Provided, That said additional field offices
2 
may be abolished by the Director General when no longer necessary.
3 
The field offices shall undertake, among others, the following functions:
4 
a. Implement laws, policies, plans, programs, projects, rules and regulations of
5 
the LAA on land administration and public land management;
6 
b. Provide efficient and effective delivery of services to the people;
7 
c. Coordinate with field or branch offices of other agencies of the government in
8 
the region and with local government units in the enforcement of land
9 
administration and public land management laws and regulations and in the
10 
formulation and implementation of programs and projects;
11 
d. Recommend and, upon approval, implement programs and projects on land
12 
administration and management and related concerns;
13 
e. Conduct a comprehensive inventory of alienable and disposable lands of the
14 
public domain and of 
patrimonial properties and formulate
15 
district/provincial/regional short and long term development plans for the
16 
management, administration, utilization, and disposition of such lands toward
17 
national development; and
18 
f. Perform such other functions as may be assigned by the Director General
19 
and/or as provided by law.
20 
ARTICLE IV
04 
I II Mr> iirMii iriT/^ ATT/My D/\Anr^
22
23 
Sec. 16. Creation of the Land Adjudication Board (LAB). - There is hereby
24 
created a Land Adjudication Board (LAB) that will exercise primary jurisdiction to
25 
determine and adjudicate land administration and public land management matters
26 
and shall have exclusive original jurisdiction over all matters involving the
27 
implementation of laws, rules and regulations on land administration and public land
28 
management including petitions for the correction of clerical or typographical errors
29 
committed in writing, copying, transcribing, or typing of an entry in the maps, survey
30 
plans, and certificate of land titles, except those cases falling under the jurisdiction of
31 
the Department of Agrarian Reform unless specifically provided herein.
8


1 
Sec. 17. Composition. - The LAB shall be composed of five (5) members who
2 
shall be nominated by the Stakeholders Advisory Committee and to be appointed by
3 
the President. The Presiding Officer shall be selected by the members from among
4 
themselves.
5 
Sec. 18. Local Land Adjudication Board. - The Board shall create a Local Land
6 
Adjudication Board in the provincial or city office which shall be composed of five
7 
members who shall be appointed by the LAB. Decisions, orders, and resolutions of
8 
the Local Land Adjudication Board shall be raised on appeal to the LAB.
9 
Sec. 19. Budget and Administrative Support. -The LAB shall determine and
10 
propose its budgetary requirements and shall be submitted as part of the LAA's budget
11 
request. Disbursements of the approved budget resources shall be the sole
12 
responsibility of the LAB. Secretariat services shall be provided by the LAA.
13 
Sec. 20. Proceedings and Procedures. - The LAB shall not be bound by
14 
technical rules of procedure and evidence but shall proceed to hear and decide all
15 
cases, disputes, or controversies in a most expeditious manner, employing all
16 
reasonable means to ascertain the facts of every case in accordance with justice and
17 
equity and the merits of the case. Toward this end, it shall adopt a uniform rule of
18 
procedure to achieve a just, expeditious, and inexpensive determination of merits:
19 
Provided, That it shall endeavor to settle disputes and controversies amicably.
20 
In the exercise of its functions, the LAB shall have the power to summon
21 
witnesses, administer oaths, take testimony, require submission of reports, compel
22 
the production of books and documents and answers to interrogatories, issue
23 
subpoena and subpoena duces tecum, and enforce its writs through sheriffs or other
24 
duly deputized officers. It shall punish direct and indirect contempt in the same
25 
manner and subject to the same penalties as provided for in the Rules of Court.
26 
Responsible persons shall be allowed to represent themselves or their
27 
organizations in any proceedings before the LAB: Provided, however. That when there
28 
are two or more representatives for any individual or group, the representatives should
29 
choose only one from among themselves to represent such party or group before any
30 
LAB proceedings.
31 
Sec. 21. Finality of Determination. - Any case or controversy before the LAB
32 
shall be decided within thirty (30) days after it is submitted for resolution. Only one
9


1 
(1) motion for reconsideration shall be allowed. Moreover, any order, award, ruling,
2 
or decision shall be final after the lapse of fifteen (15) days from receipt by the parties
3 
of a copy thereof.
4 
Sec. 22. Frivolous Appeals. - To discourage frivolous or dilatory appeals from
5 
the decisions, awards, rulings, or orders, the LAB may impose reasonable penalties
6 
including, but not limited to, fines or censures upon erring parties.
7 
ARTICLE V
8 
JUDICIAL REVIEW
9 
Sec. 23. Certiorari. - Any decision, order, award, or ruling of the LAA on any
10 
dispute or on any matter pertaining to the application, implementation, enforcement,
11 
or interpretation of this Act and other pertinent laws on land administration and public
12 
land management may be brought to the Court of Appeals by certiorari within fifteen
13 
(15) days from the receipt of a copy thereof.
14 
The findings of fact of the LAA shall be final and conclusive if based on
15 
substantial evidence.
16 
Sec. 24. Restraining Order or Preliminary Injunction. - The Court of Appeals
17 
and Supreme Court of the Philippines shall have jurisdiction to issue any restraining
18 
order or writ of preliminary injunction against the LAA or any of its duly authorized or
19 
designated offices in any case, dispute or controversy arising from, necessary to, or
20 
in connection with the application, implementation, enforcement, or interpretation of
21 
this Act and other pertinent laws on land administration and public land management.
22 
Sec. 25. Procedure on Review. - Review by the Court of Appeals or the Supreme
23 
Court, as the case may be, shall be governed by the Rules of Court. The Court of
24 
Appeals, however, may require the parties to file simultaneous memoranda within a
25 
period of fifteen (15) days from notice, after which the case is deemed submitted for
26 
decision.
27 
ARTICLE VI
28 
TR_ANSrrORY PROVISIONS
29 
Sec. 26. Transfer of Powers. - The powers and functions of the LAA heretofore
30 
vested by law in the DENR, DOJ, LRA/RoD, LMB/LMS, NAMRIA except the powers and
luiiutiuiis ui ltd \^Oadi aiiu v^ctjucuc ^ui vcyd L^cpai tiiiciit^ u/uivrx'v^umpidicndivc
rvcMo
10


1 
Agrarian Reform Program National Secretariat, LAMP, or in any office within or
2 
attached to these agencies, are hereby transferred to and vested in the Office of the
3 
LAA Director General.
4 
Sec. 27. Transfer of the Coast and Geodetic Surveys Department of NAMRIA
5 
to the Office of the Secretary of National Defense. - Within twelve (12) months upon
6 
the effectivity of this Act, the commissioned officers and enlisted and civilian technical
7 
personnel of the Coast and 
Geodetic Survey Department of NAMRIA and a
8 
complement of administrative support staff shall be constituted as the National
9 
Hydrographic Office directly under the Office of the Secretary of National Defense.
10 
The National Hydrographic Office shall be responsible for the hydrographic and
11 
oceanographic surveys necessary in chart production and safety to navigation. It shall
12 
retain its budgetary allocation under the current General Appropriations Act, and all
13 
properties, survey instruments and equipment and other facilities necessary in the
14 
performance of its mandate.
15 
Sec. 28. Organization of the LAA. - The LAA's organizational and administrative
16 
structure and functions and staffing pattern, including the personnel's duties and
17 
responsibilities and the appropriate compensation package shall be submitted by the
18 
Director Genera! for review and approval to the Congressional Oversight Committee
19 
within six (6) months from the effectivity of this Act. After the oversight committee's
20 
review and approval, the proposed organizational structure and staffing pattern, which
21 
shall not exceed the total number of permanent positions that have been merged,
22 
shall be submitted to the President for final approval and shall be fully implemented
23 
within a period of three (3) months after such approval.
24 
Sec. 29. Transfer of Personnel. -To ensure a smooth transition, all incumbent
25 
personnel of the DENR's LMB/LMS, NAMRIA, DENR-CARP National Secretariat and its
26 
field offices, and LAMP; the DOJ's LRA/RoD shall continue to perform their present
27 
duties and functions as interim personnel of the LAA until such time, being not later
28 
than twelve (12) months from the effectivity of this Act, that the regular staff of the
29 
LAA, based on the new staffing pattern, shall have been appointed: Provided, That
30 
the regular personnel shall be appointed by the Director General, or his/her duly
31 
authorized representative, on the basis of merit, previous permanent appointment,
32 
fitness, and seniority: Provided, moreover. That except for the position of Director
11


1 
General and Deputy Director Generals, there shall be no hiring of new personnel for
2 
the LAA.
3 
Sec. 30. Separation and Benefits. - Personnel who are not offered appointment
4 
within twelve (12) months upon the effectivity of this Act under the new staffing
5 
pattern of the LAA on at least equivalent terms and conditions as their present
6 
employment by reason of duplication or redundancy and those who decline an
7 
appointment in the LAA by reason of diminution in rank and conditions shall be entitled
8 
to a gratuity at a rate equivalent to the following:
9 
a. Two and one-half (IVi) months basic salary for every year of service for the
10 
first twenty (20) years;
11 
b. Two and three-fourths (2%) months basic salary for every additional year of
12 
service from the twenty-first (21st) to the thirtieth (30th) year of service;
13 
c. Three (3) months basic salary for every additional year of service from the
14 
thirty-first (31st) year of service and onwards.
15 
Affected personnel shall also be entitled to other benefits as may be authorized
16 
by existing laws and regulations. Furthermore, they shall be entitled to the refund of
17 
their contributions including government share to the Home Development Mutual Fund
18 
(Pag-IBIG) and the Government Service Insurance System (GSIS) and to the
19 
commutation of their unused vacation and sick leaves in accordance with existing rules
20 
and regulations.
21 
Employees who are offered appointments under the new staffing pattern of the
22 
LAA without any diminution in rank and work conditions but who decline such
23 
appointments shall be deemed to have voluntarily resigned and shall be entitled only
24 
to separation benefits equal to those provided for by other laws: Provided, morever,
25 
That those who are qualified to retire shall be allowed to retire and be entitled to all
26 
the benefits provided under any of the existing retirement laws.
27 
Sec. 31. Separation Fund. - There is hereby established a "one-time"
28 
separation fund in the amount of Two Billion Pesos (P2,000,000,000.00) to pay the
29 
separation benefits herein provided: Provided, That the fund shall be used exclusively
30 
to pay for separation benefits: Provided further, That within two years after the
31 
effectivity of this Act, any unutilized amount of the separation fund shall be reverted
32 
to the National Treasurv.
12


1 
Section 32. Reemployment - Government personnel who are separated as a
2 
result of the integration of the aforecited offices may apply for positions and be
3 
employed in other agencies or branches of the government including Government-
4 
Owned and/or -Controlled Corporations, Government Financial Institutions
5 
(GOCCs/GFIs), or local government units.
6 
Sec. 33. Unexpended Appropriations and Transfer of Assets. - The
7 
unexpended balances of appropriations in the current General Appropriations Act and
8 
other Acts in force upon approval hereof, pertaining to, held, or used by, or available
9 
to the LRA and RoD, NAMRIA except the budget for its Coast and Geodetic Survey
10 
Department, LMB, IMS, DENR-CARP National Secretariat and its field offices, and the
11 
LAMP are hereby transferred to the LAA.
12 
Such other unexpended balances of appropriations as may be deemed
13 
appropriate by the Department of Budget and Management for transfer to the LAA
14 
shall also be so transferred.
15 
All real and personal properties, assets, liabilities, records, documents,
16 
positions, appropriations, contracts, and agreements which, upon the effectivity of this
17 
Act, are vested in, or owned, by the LMB/LMS, NAMRIA except those pertaining to its
18 
Coast and Geodetic Survey Department, DENR-CARP National Secretariat and Its Field
19 
Offices, LRA/RoD, and LAMP, are hereby transferred to the LAA.
20 
Sec. 34. Penal Provisions. - Any person who sells forms issued and distributed
21 
gratuitously under this Act or who, being an officer charged with distributing them
22 
refuses or fails without sufficient reason, to furnish the same, shall be punished for
23 
each offense by a fine of not less than one hundred thousand pesos and not more
24 
than one million pesos or imprisonment of not less than six months nor more than
25 
three years, or both, in the discretion of the Courts.
26 
Any person, corporation, association, or partnership which, not being qualified
27 
or no longer authorized to apply for registration purposes, files or induces or knowingly
28 
permits another person, corporation, association, or partnership to file an application
29 
in his/her or its behalf or for his/her or its interest, benefit, or advantage, shall be
30 
punished for each offense by a fine of not less than one hundred thousand pesos
31 
(P100,000.00) or imprisonment of not less than five (5) years, or both, at the
32 
discretion of the Courts: Provided, That in case the offender is a corporation,
13


1 
association, or partnership, their responsible officials shall be deemed jointly and
2 
severally liable. The application shall be cancelled.
3 
Any person who shall, by deceit or fraud, acquire or attempt to acquire lands
4 
of the public domain or other real property or any right, title or interest, or property
5 
right of any class to the same, and any person aiding and abetting him therein or
6 
serving as a means or tool thereof, shall, upon conviction, be punished by a fine of
7 
not less than one hundred thousand pesos and imprisonment of not less than five
8 
years nor more than twelve years, or both, in the discretion of the Courts.
9 
Any person who shall tamper or attempt to tamper any records of the LAA that
10 
will result in the acquisition of rights, title or interest over real property and any person
11 
aiding and abetting him therein or serving as a means or tool thereof, shall, upon
12 
conviction, be punished by a fine of not less than Five Hundred Thousand Pesos
13 
(P500,000.00) and imprisonment of not less than twelve (12) years, or both, at the
14 
discretion of the Court.
15 
For purposes of this Act, if the offender is a public official or government official
16 
or employee, he or she shall be, in addition to the existing penalties, removed from
17 
office, forfeit all retirement benefits except the monetary value of accumulated leave
18 
credits, and be perpetually disqualified from holding any elective or appointive public
19 
office.
20 
Sec. 35. Preservation of Records. -The LAA shall have possession and control
21 
of all records, books, papers, offices, equipment, supplies, moneys, funds,
22 
appropriations, land and other property, real or personal, held for the benefit or use
23 
of all bodies, offices, and officers whose duties, powers, and functions have been
24 
transferred to and conferred upon the authority.
25 
Pending a written notice of receipt issued by a duly authorized officer of the
26 
LAA, it shall be the duty of any and all personnel responsible for, or in possession of
27 
records relating to the affairs of the LMB, IMS, NAMRIA, the DENR-CARP National
28 
Secretariat and its field offices, the LRA and the RoDs to protect and preserve such
29 
records.
30 
Without prejudice to any other penalties provided for by law, any person who
31 
fails to fulfill his/her duty pursuant to the above paragraph, shall be guilty of an
32 
offense against the provisions of this Act, punishable by a fine of not less than One
14


1 
Million Pesos (PI,000,000.00) or imprisonment of not less than five years, or both,
2 
upon the discretion of the Court.
3 
Sec. 36. Saving Clause. -All orders, determination, rules, regulations, permits,
4 
certificates, licenses, and privileges which have been issued, made, or granted
5 
effective by the former LMB, LMS, NAMRIA, LRA, RoDs, DENR-CARP National
6 
Secretariat and its field offices, and LAMP, or their predecessors shall continue to be
7 
in effect according to their terms until modified, terminated, superseded, set aside, or
8 
repealed.
9 
No suit, action, or other proceeding commenced by or against any officer in his
10 
official capacity as an officer of any division or unit of the former LMB, LMS, NAMRIA,
11 
LRA, RoDs, DENR-CARP National Secretariat and its field offices, and LAMP, the
12 
functions of which are transferred by this Act. In like manner, no cause of action by
13 
or against such division or unit or by or against any officer thereof in his official
14 
capacity shall abate by reason of the enactment of this Act. Causes of actions, suits,
15 
or other proceedings may be asserted for or against the LAA or such official of the
16 
LAA as may be appropriate.
17 
ARTICLE VII
18 
MISCELLANEOUS PROVISIONS
19 
Sec. 37. Use of Income. - The LAA is hereby authorized to use twenty percent
20 
(20%) of ail revenues derived from fees, charges, and other sources in the
21 
implementation of its projects.
22 
Sec. 38. Assurance Fund. - A special account within the LAA is hereby created
23 
for the entire proceeds of the Assurance Fund, which shall no longer be paid to the
24 
National Treasurer as provided for in Section 94 of PD No. 1529. Claims from the
25 
Assurance Fund shall be heard, decided, and determined by the Land Adjudication
26 
Board. All pending cases or claims against the Assurance Fund now being handled by
27 
the Bureau of Treasury, through the Office of the Solicitor General, shall likewise be
28 
transferred to the Land Adjudication Board. Thereafter, the National Treasurer shall
29 
no longer be impleaded as party in any action against the Assurance Fund.
15


1 
Sec. 39. Indemnification of Officiais and Personnei. -The LAA shall indemnify
2 
all officials and personnel for all costs and expenses reasonably incurred by such
3 
persons in connection with any civil or criminal actions, suits, or proceedings to which
4 
they may be or made a party by reason of the performance of their functions or duties,
5 
unless they are finally adjudged in such actions or proceedings to be liable.
6 
In the event of settlement or compromise, indemnification shall be provided
7 
only in connection with such matters covered by the settlement as to which the LAA
8 
is advised by an external counsel that the persons to be indemnified did not commit
9 
any gross negligence or misconduct.
10 
The costs and expenses incurred in defending the aforementioned action, suit
11 
or proceeding may be paid by the LAA in advance of the final disposition of such
12 
action, suit or proceeding upon receipt of an undertaking by or on behalf of the
13 
Director General, official or employee to repay the amount advanced should it
14 
ultimately be determined by the LAA that he/she is not entitled to be indemnified as
15 
provided in this section.
16 
Sec. 40. Impiementing Rules and Regulations. - Within sixty (60) days from
17 
the effectivity of this Act, the LAA shall promulgate the rules and regulations to
18 
implement the provisions of this Act. Said rules and regulations shall be submitted to
19 
the Congressional Oversight Committee for approval.
20 
Sec. 41. Congressional Oversight Committee on the Land Administration Act.
21 
-There is hereby created a Congressional Oversight Committee composed of seven
22 
(7) members from the Senate Committee on Environment and Natural Resources and
23 
seven (7) members from the House of Representatives Committee on Natural
24 
Resources.
25 
The oversight committee, which shall function for a period not more than three
26 
(3) years, shall review the administrative structure, functions, staffing pattern, duties
27 
and responsibilities of personnel, the implementing rules promulgated by the LAA
28 
including the procedures on claims against the assurance fund, and oversee the
29 
implementation of this Act. Provided, That the secretariat of the Oversight Committee
30 
shall be drawn from the existing secretariat personnel of the committees comprising
31 
the oversight and the funding shall be taken from the appropriations of both the House
32 
of Representatives and the Senate.
16


1 
Sec. 42. Separability Clause. - Should any provision of this Act or any part
2 
thereof be declared unconstitutional or invalid by a Court, the other provisions hereof
3 
which are not affected thereby, shall remain in force and effect.
4 
Sec. 43. Repealing Clause. - The pertinent provisions of CARL and IPRA with
5 
regard to the conduct of survey, approval of survey results, preparation and issuance
6 
of tenure instruments, and the provisions of PD 1529 pertaining to the assurance fund,
7 
and their implementing rules and regulations are hereby amended or modified
8 
accordingly.
9 
All other laws, decrees, orders, instructions, proclamations, rules and
10 
regulations or parts thereof, including pertinent provisions of Commonwealth Act No.
11 
141, Act No. 496, Presidential Decree No. 1529, Executive Order No. 192 and its
12 
related rules and regulations; Executive Order No. 469 dated February 11, 1981 and
13 
the subsequent Presidential Memorandum Circular dated 30 September 1988 and their
14 
related rules and regulations; and the Administrative Code of 1987, which are
15 
inconsistent with any provision of this Act, are hereby repealed, modified, or amended
16 
accordingly.
17 
Sec. 44. Effectivity. - This Act shall take effect fifteen (15) days after its
18 
complete publication in the Official Gazette ox in a newspaper of genera! circulation.
19 
Approved,
17