-. 
i’ 
THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINES 
,> 
S E N A  
S.B. 
’04 XP -2 
All :%a 
C! 
BY: 
i 
Introduced by Senator Magsaysay, Jr, 
EXPLANATORY NOTE 
The Philippine Archipelago lies in the eastern Pacific Ocean, north of Indonesia, 
south of Taiwan and east of continental Southeast Asia. It includes over 7,000 islands, 
spread over c.1,650 km of ocean from north to south and c.1,OOO km from east to west. 
The total land area of this spectacular collection of islands, reefs and shoals is less than 
300,000 square kilometers, slightly less than that of the British Isles. The two largest 
islands, Luzon and Mindanao, account for about two-thirds of the overall land area.* 
It can be gleaned from the above statement that for the Philippines land is an 
important resource, that for without it, life cannot be sustained, and thus, good 
stewardship of the land 
- is essential for present and future generations. 
~- 
. 
&. 
. 
The world’s population has doubled in the last 40 years and passed the 6 billion 
mark. It is predicted to reach 8.5 billion by the year 2030, a population level thought by 
many scientists to be the maximum number of people supported by the world’s resources 
and capacity for food production. Less than half of the world’s population has secure 
access to land, Women, who comprise roughly half the world’s population, and 70 
percent of whom live in poverty, own less than 1 percent of the world’s wealth. This 
statistics only highlights the role of a good land administration system, not only to boost 
economic growth, improve access to land hut also for sustainable development. 
The International Federation of Surveyors (FIG) in cooperation with the 
nited 
Nations hosted the “Bathurst Workshop on Land$enure and Cadastral Infrastruct res for 
Sustainable Development” in Australia in October, 1999 and concluded that sust inable 
development is just rhetoric without appropriate land administration system. The B thurst 
tenure and access to property for all men and women and to provide reforms in the land 
administration system. 
declaration recommends a global commitment to provide effective legal security I: of 
The performance, however, of government agencies undertaking land 
administration functions such as land surveys, mapping, classification, titling and 
disposition and registration is below par. The services being provided by these agencies 
are not contributing to address our domestic problems on sustainable development, much 
more to the global concerns. The problem is largely contributed by fundamental legal and 
institutional defects in both the structure and operations of the land administration system. 
For one, there are many laws governing the land administration functions including the 
existence of a number of institutions administering our scarce land resources resulting to 
confusions, delays, high transactions costs (government and users), low investment, and 
graft and corruption. 
These institutional and structural defects in land administration besides not 
contributing to the sustainable development of natural resources have also given rise to 
’ Neil Aldrin Mallari Blas Tabaranza Jr and Michael Crosby, Key Conservation Sites in the 
Philippines maribon Foundation and BirdLife International, 2001) 


major ineaciencies including extensive delays in the disposition and titling of al‘enable 
and disposable land, inaccurate and incomplete land information and records, d licate 
and fake titles, duplication and overlap of activities between government agenci 3, and 
unnecessary costs to both the national and local governments and the users/clients f land 
administration services. 
b 
To address these problems, the Government has been undertaking a Land 
Administration and Management Project preparatory to a long-term program to 
fundamentally reform the present land administration system, thereby promoting 
sustainable development, economic growth, and poverty alleviation. 
However, there is a widespread agreement that a fundamental prerequisite for the 
pursuit of the necessary reforms is the consolidation and streamlining within a single 
government agency of land administration powers and hnctions currently dispersed 
across the Department of Justice’s Land Registration Authority and Registries of Deeds 
and the Department of Environment and Natural Resources’ Lands Management Bureau, 
Land Management Services in the regional, provincial and community offices, National 
Mapping and Resource Information Authority, and CARP Secretariat and its field offices. 
The proposed Land Administration Reform Act seeks to enable the lands sector to 
contribute to sustainable development, economic growth and poverty alleviation. The 
Bill’s early enactment will ensure Philippines’ recognition to the global efforts for 
sustainable development while providing an improved access to land and services to the 
majority of our Filipino people especially the poor. I strongly recommend the Bill for 
favorable consideration by the Senate. 
Endorsed by the Department of Environme 
recommended for immediate enactment. 
- 
.- . 
- -  


THIRTEENTH CONGRESS OF THE REPUBLIC 
"04 SEP -2 All s o  
OF THE PHILXBPWES 
First Regular Session 
people through the establishment of One-Stop-Shops nationwide; 
access to land information by members of the public; 
process of issuing original titles fast and low-cost; 
6) 
(k) 
Establish an effective land information system and provide easy and 
Rationalize and clarify the entitlements of persons to land titles to 
Introduced By Senator Magsaysay, Jr. 
affordable 
make the 
I 
AN ACT 
INSTITUTING REFORMS IN LAND ADMINISTRATION 
Be it enacted by the Senute and the House of Representatives 05 the Philippines in Congress 
assembled: 
ARTICLE I 
GENERAL PROVISIONS 
Section 1. Short Ti&.- 
This Act shall be known as "The Land Administration 
Reform Act of 2004." 
1 


- 
SGtion 3. @%tion 
of Term.- For the purpose of this Act, the following terms 
shall, unless the context indicates otherwise, have the following meanings: 
(a) 
“Di.wctor 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. 
(b) 
‘;Land Adminishation and Public Land Management” 
refers to the 
administration of all hnctions, 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 CLiMBJ ” refers to a staff Bureau of the epartment 
“Lands Management Services (lib’,, ” refers to the land managemen sector or 
“Land Registration ‘Authority (LRA) 
” refers to an attached age cy of the 
of Environment and Natural Resources (DENR). 
ofices of the DENR at the regional, provincial, and district level. 
Department of Justice (DOJ), including the Registers ofDeeds (ROD). 
“National Mapping and Resource Information Authority (NAMRLA) ” refers to 
the agency known by that name attached to the DENR. 
“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. 
“Classification and Reclusstfication” refers to the Act of Congress in setting the 
specific liits of forestlands and national parks and increasing or decreasing their boundaries 
by law, as provided for in Article XI, Section 4 of the 1987 Philippine Constitution. 
(c) 
(d) 
(e) 
(t) 
(9) 
.. 
. 1 
(h) 
ARTICLE II 
CREATION OF THE LAND ADMEWSTRATION AUTHORITY 
Section 4. Creation of the Land Administration Authority (LA,$.- 
To cany 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 Iind management. 
Section 5. 
(a) 
Powers and Functions of the LAA.- The LAA shall exercise the 
following powers and fhctions: 
Conduct, integrate and regulate the fimctions 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 thereofin. accordance with existing laws and internationally accepted norms, 
proceduZi.; and standards; 
(h) 
Survey, map and maintain data base to support the determination of specific 
limits of forest lands and national parks by Congress as provided under Section 4, Akicle XI1 
of the Constitution; 
(c) 
Survey, map, maintain 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; 
(d) 
Manage, sell, andor dispose the remaining Friar Lands under the provisions 
(e) 
Manage and dispose lands of patrimonial property of the National 
Government under the provisions of Act No. 3038, or such other Government la s as have 
not been placed under the administration, management, control or exclusive use o .any other 
of Act No. 1120, as amended, and in accordance with existing laws; 
government agency by legislative or executive issuance; 
Register original titles to land issued pursuant to Commonwealth A& No. 141 
and subsequent dealings of registered lands under the provisions of Act No. 496 and il 
(Q 
2 


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, Republic Act No. 6657 or 
the Comprehensive Agrarian Reform Law (CARL), Republic Act No. 8371 or the Indigenous 
Peoples Eights Act of- 1.997 (PU) 
and Republic Act No. 7279 or the Urban Development 
and Housing Act (UDHA); 
Prepare, issue, and register all titles to land issued pursuant to Commonwealth 
Act No. 141 and subsequent dealings of registered lands including all types of tenure 
instruments intended for the implementation of the CARL, UDHA and the PRA; 
(i) 
Determine, fix, and collect reasonable amounts to be charged as 
administration fees, fines, and penalties relative to the implementation of this Act; 
(j) 
Formulate land administration and management policies in accordance with 
existing national laws; 
(k) 
Promulgate rules, regulations, circulars and other administrative is uances as 
(1) 
Such other hnctions undertaken by the LRA/RoD, LMBLMS, 
-A, 
DENR-Comprehensive Agrarian Reform Program (DENR-CARP) National Secret ‘at under 
may be necessary to implement the provisions of this Act; 
P.D. 1529 and C.A. 141, as amended and 
Such other hnctions as are necessary, proper, and incidental to im lement the 
provisions of this Act. 
(g) 
(h) 
1 ’  
(m) 
Whenever any reference is made to the LRA&oD, LMBILMS, NAMRIA, DENR- 
Comprehensive Agrarian Reform Program (DENR-CARP) National Secretariat under E.O. 
192, P.D. 1529, and C.A. 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 Land Administration Authority and the Director General of the 
LAA, as the case may be. 
Section 6. Stakeholders’ Advisory Committee.- The LAA shall be assisted by a 
(a) 
Six (6) Representatives from the Basic Sectors (farmers, fisherfolk, urban 
poor, workers in the informal sector; indigenous peoples and NGOs) chosen 
through the nomination process of the National Anti-Poverty Commission 
Two (2) Representatives from the NAPC Women’s Sectoral Council; 
Three (3) representatives fiom the private sector such as, but not limited to, 
real estate, professionals/practitioners, and academe to be appointed by the 
President; and 
The LAA Director General, as ex-officio member. 
Stakeholders’ Advisory Committee composed of the following: 
(NAPC); 
(b) 
(e) 
(d) 
The President shall designate the chairperson from among the members of the 
Committee. The members of the Committee, except the LAA Director General, shall not 
hold office in the LAA nor receive any salary but shall be entitled, for actual attendance 
during meetings, to -such allowances and honoraria as are allowed by rules and regulations 
promulgzed by the Codssion on Audit, 
Section 7. Functions of the Stakeholders Advisoy Commiitee- 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. 
Section 8. Meetings of the Commitlee- The Chairperson shall conve e regular 
meetings of the Committee, which shall be at least once every quarter. Special me tings may 
also be called by the Chairperson or at the initiative of at least three (3) members, P 


Section 9. Secretariat and Logistical Support.- The Office of the Director General 
shall provide secretariat and logistical support to the Committee. 
ARTICLE 1T1[ 
IMPLEMENTING MECHANISM 
Section 10. Structure and Organization.- The LAA shall consist of 
(a) 
(b) 
(4- - 
(d) 
Field Offices 
The Office of the Director General; 
The Offices of the Deputy Director Generals; 
The OfFices of the Assistant Director Generals; and 
Section 11. The Director General.- The authority and responsibility for the exercise 
of the mandate of the L M  the accomplishment of its objectives, and the discharge of its 
powers and functions shall be vested in the Director General, a cabinet rank, who shall 
exercise control and supervision over the LAA and shall be appointed by the President. For 
such purposes, the Director General shall have the following hnctions: 
(a) Advise the President on the promulgation of rules, regulations, and other 
(b) Exercise appellate jurisdiction of all cases arising from conflicting land urveys; 
(c) Establish policies and standards for the efficient and effective operati ns 'of the 
(d) Promulgate rules, regulations, and other issuances necessary in carrying out the 
(e) Exercise control and supervision over all hnctions and activities of the LAA, 
(Q Delegate authority over all powers, fimctions and activities of the LAA; and 
(g) Perform such other functions as may be provided by law or assigned by the 
President. 
1 
issuances relative to land administration and public land management; 
LAA in accordance with the programs of the Government; 
LAA' s mandate, objectives, policies, plans, programs and project; 
Section 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. 
Section 13. Deputy Director Generals.- The Director General shall be assisted by at 
least three (3) Deputy Director Generals who shall likewise be appointed by the President. 
The Director General is hereby authorized to delineate, assign, and/or reassign the respective 
functional areas of responsibility of the Deputy Director Generals: Provided, That no Deputy 
Director General shall be assigned primarily administrative responsibilities. 
Within his 
hnctional 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-units un& his responsibility; 
(d) Coordinate the functions and activities of the units under his responsibility with 
those of other units under the responsibility of other Deputy Director Generals; 
(e) Exercise authority on substantive and administrative matters related to the 
functions and activities of units under his responsibility as may be delegated by the Director 
General; and 
4 


(0 Perform other functions as may be provided by law or assigned by the Director 
General. 
Section 14. 
Assistant Director Generals.- 
The Director General and Deputy 
Director Generals shall be assisted by five ( 5 )  Assistant Director Generals in the formulation, 
management and implementation of land administration and public land management laws, 
policies, plans, programs, and projects. 
Section 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 eBcient and effective delivery of its services subject to 
the approval of the President: Provided, That said additional field offices may be abolished 
by the Director General when 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 
(b)Tovide efficient and effective delivery of services to the people; 
(c) 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/provincidregional 
short and long term development plans for the management, a 
nistration, 
utilization, and disposition of such lands toward national development; an 
Perform such other functions as may be assigned by the Director Gener and/or as 
LAA on IanLadministration and public land management; 
provided by law. 
1 
.. 
, 
, 
ARTICLE N 
LAND ADJUDICATION BOARD 
Section 16. Creation of the Land Adjudication Board (LAB).- There is hereby 
created a Land Adjudication Board (LAB) that will exercise primary jurisdiction to 
determine and adjudicate land administration and public land management matters and shall 
have 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 certificate of land titles, 
except those cases falling under the jurisdiction of the Department of Agrarian Reform unless 
specifically provided herein. 
Section 17. Composition.- The LAB shall be composed of five (5) members who 
shall be nominated by the Stakeholders Advisory Committee and to be appointed by the 
President. The Presiding Officer shall be selected by the members from among themselves 
Section 18. Local Land Adjudication Board.- The Board shall create a Local Land 
Adjudication Board in the provincial or city office which shall be composed of five 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. 
Section 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 
T- . 
-. - 
5 


request. Disbursements of the approved budget resources shall be the sole responsibility of 
the LAB. Secretariat services shall be provided by the LAA. 
Section 20. Proceedings and pv0cedures.- 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: Provzded, That it shall endeavor to settle disputes and 
controversies amicably. 
In the exercise of its knctions, 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 Aces 
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, havever, 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. 
- 
.- - 
1- 
Section 21. Finality of Determination.- Any case or controversy before the LAB 
shall be decided within thirty (30) days after it is submitted for resolution. Only one (1) 
motion for reconsideration shall be allowed. Moreover, any order, award, rulimg, or decision 
shall be final after the lapse of fifteen (15) days from receipt by the parties of a copy thereof. 
Section 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 emng parties. 
ARTICLE V 
JUDICIAL R E m W  
Section 23. Certiorari.-. Any decision, order, award, or ruling of the L . on any 
dispute or on any matter pertaining to the application, implementation, enfor,ement, 
P 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. 
Section 24. Restraining Order or Preliminary Injunction.- The Court of Appeals 
and 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. 
Section 25. Prucedure 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 fiReen 
(1 5) days from notice, aRer which the case is deemed submitted for decision. 
6 


ARTICLE VI 
TRANSITORY PROVISIONS 
Section 26. Transfer of Puwers.- The powers and functions of the LAA heretofore 
vested by law in the DENR, DOJ, LRA/RoD, LMBLMS, NAMRIA except the powers and 
functions of its Coast and Geodetic Surveys Department, DENR-Comprehensive Agrarian 
Reform Program National Secretariat, 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. 
Section 27. Transfm of the Coast and Ge~detiie Surveys Departmet of NRMRIA 
to the Office of the Secretary of National Defensc- Within twelve (12) months upon the 
effectivity of this Act, the commissioned officers and enlisted and civilian technical 
personnel of the Coast and Geodetic Survey Department of NAMRIA and a complement of 
administrative support staff shall be constituted as the National Hydrographic Office directly 
under the Office of the Secretary of National Defense. The National Hydrographic Office 
shall be responsible for the hydrographic and oceanographic surveys necessary in chart 
production and safety to navigation. It shall retain its budgetary allocation under the current 
General Appropriations Act, and all properties, survey instruments and equipment and other 
facilities necessary in the performance of its mandate. 
Section 28. Organization of the LAA.- The LAA's organizational and administrative 
structure and functions and staffing pattern, including the personnel's duties and 
responsibilities and the appropriate compensation package shall be submitted by the Director 
General for review and approval to the Congressional Oversight Committee Within six (6) 
months from the effectivity of this Act. 
After the oversight committee's review and 
approval, the proposed organizational structure and staffing pattern, which shall not exceed 
the total number of permanent positions that have been merged, shall be submitted to the 
President for final agproval and shall be fully implemented within a period of three (3) 
months a e ?  such approvd. 
Section 29. Transfer of PersonneL- To ensure a smooth transition, all incumbent 
personnel of the D E W S  LMBLMS, NAMFUG DENR-CARP National Secretariat and its 
field offices, and LAMP; 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 hisher duly authorized representative, on the basis of 
merit, previous permanent appointment, fitness, and seniority: Provided, more ver, I That 
except for the position of Director General and Deputy Director Generals, there hall be no 
hirjng of new personnel for the LAA. 
Section 30. Separation and Benefifs- Personnel who are not offered a pointment 
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 a gratuity at a rate equivalent to the 
following: 
i 
' 
(1) Two and one-half (2%) months basic salary for every year of service for the first 
twenty (20) years; 
(2) Two and three-fourths (2%) months basic salary for every additional year of 
service from the twenty-first (21') to the thirtieth (30*) year of service; 
(3) Three (3) months basic salary for every additional year of service from the 
thirty-first (3 I") year of service and onwards. 


Affected personnel shall also be entitled to other benefits as may be authorized by 
existing laws and regulations. Furthermore, they shall be entitled to the refund of their 
contributions including government share to the Home Development Mutual Fund pap- 
BIG) and the Government Service Insurance System (GSIS) and to the commutation of their 
Employees who are offered appointments under the new staffing pattern o the LAA 
without any diminution in rank and work conditions but who decline such appoint ents shall 
be deemed to have voluntarily resigned and shall be entitled only to separation ben 1 
fits equal 
unused vacation and sick leaves in accordance with existing rules and regulations. 
to those provided for by other laws: Provided, morever, That those who are qualified to retire 
shall be allowed to retire and be entitled to all the benefits provided under any of the existing 
retirement laws. 
Section 31. Separation Fund- There is hereby established a “one-time’’ separation 
fund in the amount of Two Billion Pesos (P2,000,000,000.00) to pay the separation benefits 
herein provided: Provided, That the hnd shall be used exclusively to pay for separation 
benefits: ProvzdedJirrther, That within two years after the effectivity of this Act, any 
unutilized amount of the separation fund shall be reverted to the National Treasury. 
Section 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, Government Financial Institutions (GOCCs/GFIs), or local government units. 
Section 33. Unexpended Appropriations and Transfer of Assets. - The unexpended 
balances of appropriations in the current General Appropriations Act and other Acts in force 
upon approval hereof, pertaining to, held, or used by, or available to the LRA and ROD, 
NAMRIA except the budget for its Coast and Geodetic Survey Department, LMB, LMS, 
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 LMBLMS, N.4JvIRU except those pertaining to its Coast and Geodetic 
Survey Department, DENR-CARP National Secretariat and its Field Offices, LRA/RoD, and 
LAMP, are hereby transferred to the LAA. 
8 


- 
.- 
._ 
. 
Section 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 and not more than one million pesos or 
imprisonment of not less than six months nor more than three years, or both, in the discretion 
of the Courts. 
Any person, corporation, association, or partnership which, not being qualified or no 
longer authonized to apply for registration purposes, files or induces or knowin y permits 
another person, corporation, association, or partnership to file an application in hi /her or its 
behalf or for hisher or its interest, benefit, or advantage, shall be punished for ea h offense 
by a fine of not less than one hundred thousand pesos (PlOO,OOO.OO) or impriso 
ent of not 
less than five ( 5 )  years, or both, at the discretion of the Courts: Provzded, That n case the 
deemed jointly and severally liable. The application shall be cancelled. 
offender is a corporation, association, or partnership, their responsible official, 4, 
shdl be 
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 and imprisonment of not less than five years nor more than twelve years, or 
both, in the discretion of the Courts. 
Any person who shall tamper or attempt to tamper any records of the LAA that will 
result in the acquisition of rights, title or interest over real property and any person aiding and 
abetting him therein or serving as a means or tool thereoc shall, upon conviction, be 
punished hy a fine of not less than five hundred thousand pesos (PSO0,OOO.OO) 
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. 
Section 35. Preservation of Recork.- The LAA shall have possession and control of 
all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land 
and other property, real or personal, held for the benefit or use of all bodies, offices, and 
officers whose duties, powers, and functions have been transferred to and conferred upon the 
authority., - 
- 
.- - 
Pending a written notice of receipt issued by a duly authorized officer of the LAA, it 
shall be the duty of any and all personnel responsible for, or in possession of records relating 
to the affairs of the LMB, LMS, N
W
q
 the DENR-CARP National Secretariat and its 
field offices, the LRA and the RODS to protect and preserve such records. 
Without prejudice to any other penalties provided for by law, any person who fails to 
fulfill hidher duty pursuant to the above paragraph, shall he guilty of an offense against the 
provisions of this Act, punishable by a fine of not less than one millon pesos 
(pl,OOO,OOO.OO) or imprisonment of not less than five years, or both, upon the di cretion of 
Section 34. Saving CZause.- All orders, determination, rules, regulation , permits, 
certificates, licenses, and privileges which have been issued, made, or granted e I 
ective by 
the Court. 
the former LMB, LMS, NAMRIA, LRA, RODS, DENR-CARP National Secretariat and its 
9 


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 proceeding commenced by or against any officer in his 
official capacity as an officer of any division or unit of the former LMB, LMS, NAMRIA 
LRA, RODS, DEN&:CARP 
National Secretariat and its field offices, and LAMP, the 
functions3f which arctransferred by this Act to the LAA shall abate by reason of this Act. 
In like manner, no cause of action by or against such division or unit or by or against any 
officer thereof in his official capacity shall abate by reason of the enactment of this Act. 
Causes of actions, suits, or other proceedings may be asserted for or against the LAA or such 
official of the LAA as may be appropriate. 
ARTICLE VE 
MISCELLANEOUS PROVISIONS 
Section 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 implem ntation of 
its projects. 
Section 38. Assurance Fund- A special account within the LAA is here y created 
for the entire proceeds of the Assurance Fund, which shall no longer be paid to th Natioflal 
Treasurer as provided for in Section 94 of PD No. 1529. Claims from the Assurance Fund 
shall be heard, decided, and determined by the Land Adjudication Board. All pending cases 
or claims against the Assurance Fund now being handled by the Bureau of Treasury, through 
the Office of the Solicitor General, shall likewise be transferred to the Land Adjudication 
Board. Thereafter, the National Treasurer shall no longer be impleaded as party in any action 
against the Assurance Fund. 
F 
Section 39. Indemnijieution of O#?cials und 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. 
8 , .  , 
The costs and expenses incurred in defending the aforementioned action, suit or 
proceeding may he 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, official or 
employee to repay the amount advanced should it ultimately be determined by the LAA that 
he/she is not entitled to be indemnified'as provided in this section, 
Section 40. Iwlernenting Rules and Regu1utions.- Within sixty (60) days from the 
effectivityo? 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. 
Section 41. Congressional Oversight Committee on the Land Adininistrution Act.- 
There is hereby created a Congressional Oversight Committee composed of seven (7) 
members from the Senate Committee on Environment and Natural Resources and seven (7) 
members from the House of Representatives Committee on Natural Resources, 
The oversight committee, which shall function for a period not more 
years, shall review the administrative structure, functions, staffing 


responsibilities of personnel, the implementing rules promulgated by the LAA including the 
procedures on claims against the assurance hnd, and oversee the implementation of this Act: 
Provided, That the secretariat of the Oversight Committee shall be drawn from the existing 
secretariat personnel of the committees comprising the oversight and the funding shall be 
taken from the appropriations of both the House of Representatives and the Senate. 
Section 42. Separability Clause- Should any provision of this Act or any part 
thereof be declared unconstitutional or invalid by a Court, the other provisions hereof which 
are not affected thereby, shall remain in force and effect. 
Section 43. Repealing Clause.- The pertinent provisions of CARL and PR.4 with 
regard to the conduct of survey, approval of survey results, preparation and issuance of 
tenure itx&mments, art$ the provisions of PD 1529 pertaining to the assurance fund, and their 
implementing rules and regulations are hereby amended or modified accordingly. 
All other laws, decrees, orders, instructions, proclamations, rules and regulations or 
parts thereof, including pertinent provisions of Commonwealth Act No. 141, Act No. 496, 
Presidential Decree No. 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 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. 
Section 44. 
Effectivi@.- This Act shall take effect fiReen (15) day after its 
complete publication in the Official Gazette or in a newspaper of general circulation 
Approved: 
I.. 
, 
. 
11