LAND ADMINISTRATION

Policy Issues in Land Administration

Throwback:

Land Policy - determines values, objectives and the legal regulatory framework for management of a
societys major asset, its land.

Land Administration - the process of determining, recording and disseminating information about the
ownership, value, and use of land when implementing land management policies. -UNECE
Land Governance - process by which decisions are made regarding the access to and use of land, the
manner in which those decisions are implemented and the way that conflicting interests in land are
reconciled.

Land policy determines values, objectives and the

legal regulatory framework for management of a societys
major asset, its land.
The land management paradigm allows LAS to assist
land management generally.
The land administration system p rovides the
infrastructure for implementation of land policies and land
management strategies.
The spatial data infrastructure provides access to
and interoperability of the cadastral information and other
land information.
The cadastre provides the spatial integrity and
unique identification of every land parcel usually through a
cadastral map updated by cadastral surveys.
The land parcel is the foundation of the hierarchy
because it reflects the way people use land in their daily
lives. land parcel links the system with the people.

Present Situation of Land Administration of the Philippines

Issues Probable Effects

Inconsistent and Outdated Land Delays
Legislation and Policies High costs
Ineffective and Inefficient Coordination Fake and spurious titles
between Institutions Conflicts, court litigation
Multiple Forms of Land Certificates and Low investment
Unreliable Titles of Land Slow economic growth
Inappropriate Valuation and Taxation Graft and corruption
on Land Ownership and Transfer
 A. Inconsistent and Outdated Land Legislation and Policies

Problem Policy Pointer Challenge

1.1 Unclear delineation of
forestland
Specified classification of
forestland.
There is a need to establish
whether some forestlands or
lands with slope higher than 18
degrees are actually devoted to
forest or agricultural use.

There are three categories of lands in the Philippines:

(i) protected areas,

(ii) alienable and disposable lands and
(iii) privately owned lands.
Of the total Philippine land area of 30 million hectares, 15.88 million hectares are forestlands or
protected areas and 14.12 million hectares are alienable and disposable lands, which are mostly (64.8%)
titled and- privately owned

Chap. 2 Sec. 15 of PD 705 Revised Forestry Code of the Philippines

- Topography. No land of the public domain eighteen per cent (18%) in slope or over shall be classified
as alienable and disposable, nor any forest land fifty per cent (50%) in slope or over, as grazing land.

Upland Migration
Cruz et al. (1986) estimated that 14.4 million people lived in the uplands in 1980, and 77 percent of
those people lived on lands officially classified as public forestlands. From 1948 to 1980, the upland
population grew at a rate of 2.5 to 2.8 percent per year.
>Commercial use of agricultural land and the increased concentration of poor farmers on agricultural
lands in lowland areas in Leyte has decreased the amount of land available for poor farmers, forcing
poor farmers to initiate farming in upland areas
> This led to a succession of weak programs that involved occupancy permits and communal tree
farming contracts.
> Upland agricultural and environmental problems cannot be solved as long as the mass of Filipinos
are unemployed or underemployed and earn less than a subsistence wage.

Hyperlink: https://www.nap.edu/read/1985/chapter/16
Problem Policy Pointer Challenge
1.2 Protected Areas in conflict Clear delineation Of protected There are people currently,
with Private Property area OCEN living in the protected
areas.

Philippine land law by virtue of the Indigenous Peoples Rights Act (Republic Act 8371 of 1997)
recognizes, protects and promotes ancestral domain rights, that is, pre-conquest ownership of
protected lands by tribal or cultural communities . The enactment of this law raised some property
rights issues.

For instance, with regards to mineral lands, the Philippine Constitution under the principle of Jura
Regalia provides that all natural resources particularly minerals are owned by the State. On the other
hand, under the Indigenous Peoples Rights Act ancestral domains include mineral lands and thus, the
indigenous peoples or cultural communities have claims of ownership over those lands.

Problem Policy Pointer Challenge

1.3 land use and allocation arise Clearly identify societys The government finds itself in a
 preferences regarding land use policy bind.
In favor of the
agricultural use
In favor of non
agricultural use

For example: The continuing tension behind the conversion of agrarian reform lands to
non-agriculture use

Hyperlink:
http://www.dar.gov.ph/national-news/2233-dar-requests-du30-to-issue-moratorium-on-land-conver
sion

Problem Policy Pointer Challenge

1.4 Land-related laws are Review the entire legal Land relations differ widely
numerous and incohesive framework governing land. across regions. That will need
careful documentation before
getting on to the policy

The existing land administration system in the Philippines can be summarized in two words: multiple
and complex.

The whole system is governed by multiple laws, regulations, processes and standards, and is managed
by multiple institutions with limited collaboration. An inventory of the laws relevant to public land
disposition and land registration revealed the existence of more than 60 laws Given the complex legal
structure, the Philippine case is considered unique because the land titling process is done judicially and
administratively
 B. Ineffective and Inefficient Coordination between Institutions

Problem Policy Pointer Challenge

2.1 Overlapping of Agencies
with in terms to standards for
mapping and land surveys
Eliminate overlapping and
duplication of functions by
merging the roles, functions and
services.
When bureaucratic red tape is
the norm in a government
office, whether by design or
negligence, expect the fixers to
have a field day

There are too many maps with overlapping territorial boundaries conducted by NAMRIA, DENR and
IPRA. While the DENR was the sole agency responsible for classifying land as per Commonwealth Act
141, the IPRA of 1987 gave NCIP a similar function with respect to ancestral lands, which significantly
encompasses unclassified forest lands.

Both the DENR regional land management offices and Land Registration Authority conduct verification
and approval of subdivision or consolidation surveys for titling purposes, which results in two different
sets of parcel maps in different reference systems, and these are not interlinked.

Specific Issue/s:

Bureaucratic red tape

Bureaucracy is a rule by the people who run the offices (of governments or any large entities)
and who use for that purpose a red tape (rigid rules and regulations)

President Dutertes instruct his Cabinet to reduce public inconvenience in doing business with
the government Finance Secretary Carlos Dominguez III recently named Finance Undersecretary
Gil Beltran as Anti-Red Tape Czar of his department and its attached agencies

Hyperlink: http://business.inquirer.net/211995/bureaucratic-red-tape
Problem Policy Pointer Challenge
2.2 Poorly design Legislation Improve the efficiency, Introduction of the new system
responsiveness, transparency will take time.
and accountability of services
Specific Issue/s:

Hyperlink: http://cebudailynews.inquirer.net/36654/supreme-court-affirms-cebu-city-owns-srp

C. Multiple Forms of Land Certificates and Unreliable Titles of Land

Problem Policy Pointer Challenge

3.1 Land titles are presumptive
and the record keeping is
anachronistic.
The State should guarantee a
clear land title. Torrens System
may be a helpful device.
Improve keeping of land
records.
Land records are maintained
on old and fragile papers
Implementation of a major
long term project to
systematically clarify rights in
land.

There is confusion over the status and relative merits of various rights in land, e.g, CLOAs, patents,
original Certificates of Title, Certificate of Ancestral Land Title, and other decrees. For example, a patent
is widely regarded as a lesser title than a Certificate of Title issued on a judicial decree.

Courts have not respected the indefeasibility of registered patents to the same degree as other titles,
while some banks will not lend as much money on them.
Specific Issue/s:

Problem Policy Pointer Challenge

3.2 Land records have become
undependable, as the surveys
were conducted long ago.
The survey work is huge and
needs enormous resources.
Involve private institutions for The FUNDING
land survey. GIS, supported by
sample ground checking,
provides the best option.

Hyperlink: http://www.lawphil.net/judjuris/juri1985/mar1985/gr_l61416_1985.html

Specific Issue/s:
Hyperlink:
http://www.foreclosurephilippines.com/how-to-reconstitute-or-replace-lost-or-destroyed-land-titles/

D. Inappropriate Valuation and Taxation on Land Ownership and Transfer

Problem Policy Pointer Challenge

4.1 Multiple taxes on land
ownership and transfers
The Bureau of Internal Revenue (BIR) collects four (4) major taxes that are related to land transfers:
Remove local government Valuations are often doubtful,
political intervention in incorrect, and influenced by
processes for assessment of local politics.
property values
Adopt a single valuation
basis for all real property
taxation.
Develop, implement and
enforce uniform, best
practice, valuation

capital gains tax, estate tax, donors tax, and documentary stamp tax.

It also collects income tax on real property, professionals and others participating in land markets as
a business, value-added tax on certain real property sales, and minor amount in certificate fees.

Hyperlink: http://dirp3.pids.gov.ph/ris/pdf/pidsdps0303.pdf

OTHER ISSUES:

NHA to evict Kadamay settlers from Pandi housing

Hyperlink:
http://news.mb.com.ph/2017/03/20/nha-to-evict-kadamay-settlers-from-pandi-housing/

Tagum shooting shows land conflicts still root of PH unrest

Hyperlink:
 http://news.abs-cbn.com/blogs/focus/12/12/16/tagum-shooting-shows-land-conflicts-still-root-
of-ph-unrest

SOLUTION MADE BY SOME OF THE OFFICIALS OF GOVERNMENT:

The Land Administration Reform Act (LARA)

- provides for the creation of the Land Administration Authority (LAA), a lead agency that will
carry out the reform process and administer the system, functions and services provided by
different government agencies.

Hyperlink: http://www.arellanolaw.edu/alpr/v5n1c.pdf