LAND MANAGEMENT
IN THE PHILIPPINES
Asteya Santiago
August 1994
The findings, interpretations, and conclusions expressed in these papers are entirely those of
the author(s) and should not be attributed in any manner to UMP – Asia and to its affiliated
organizations. UMP – Asia does not guarantee the accuracy of the data included in these
publications and accepts no responsibility whatsoever for any consequence of their use. UMP
– Asia encourages dissemination of its work and will give permission to reproduce portions of
the Occasional Papers when the reproduction is for non – commercial purposes and proper
acknowledgement of the author(s) and UMP – Asia is made.
ACKNOWLEDGEMENT
Prof. Asteya Santiago received her Bachelor of Laws from the University of the Philippines
and a Masters in Town & Country Planning from the Sydney University, Australia. She is
finalizing her PhD major in Urban & Regional Planning at the University of Sydney, Australia.
Prof. Santiago is presently a Professor at the School of Urban and Regional Planning,
University of the Philippines.
Prof. Asteya Santiago submitted this paper originally to the UMP regional workshop in
October 1992 to launch the UMP regional programme for Asia and the Pacific and to organize
the UMP-Asia Regional Panel of Experts. Since then, she has been an active member of the
Panel.
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OVERVIEW PAPER ON LAND MANAGEMENT
IN THE PHILIPPINES
by
Prof. Asteya Santiago
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which purpose, the government is conditions) and usufruct, where
mandated to classify them by legislation. possession or occupation is with or
In the determination of the size of lands of without rental, respectively.
the public domain which may be acquired,
developed, held or leased, including the 2. Land Ownership and Transfer
appropriate conditions therefore, the
requirements of agrarian reform, Ownership of land is a privilege that
conservation, ecology, and development pertains only to individuals and
are directed to be taken into account. corporations or associations legally
(Article XII, Section 3). qualified to acquire or hold lands of the
public domain. The exception to this rule
The legislative body is furthermore is where the transfer or conveyance is by
constitutionally directed to legislate the hereditary succession. Only natural born
limits and boundaries on the ground of citizens of the Philippines may acquire
forest lands and national parks. After lands in the country, although those who
such legal prescription, these valuable have lost their Philippine citizenship may,
land resources shall be conserved and subject to limitations provided by law, still
may only be increased or diminished by be a transferee of private lands. One such
the issuance of another legislation. law referred to is Batas Pambansa 80
(Article XII, Section 4). where former natural born citizens who
have since renounced their Filipino
In the disposition or utilization of citizenship may acquire residential lands
other resources, including lands of the for retirement purposes for as long as they
public domain under lease or concession do not exceed 1000 square meters in both
suitable to agricultural, the State are urban and rural areas. It is projected that
required whenever applicable, to be other legislations may be promulgated in
guided by the principles of agrarian reform the future, providing for other
or stewardship. circumstances where land ownership
rights may be acquired by former natural
Land resources, including as they born Filipinos.
do, water, communal marine and fishing
resources, the Constitution likewise covers
them and adopts as a State policy their 3. Land Titling and Registration
protection, development and conservation
(Article XIII, Section 7 on Agrarian and The two modes of registration of titles to
Natural Resources Reform). land are the Torrens System and the
system of recording unregistered lands.
Under the torrens system, land
LAND MANAGEMENT SYSTEM conveyance is effected through
registration in the Registry of Land Titles
A. Basic Framework of Land and Deeds which has an office in every
Management city and municipality.
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The power to approve sub-division plans The comprehensive land use plans are
was recently devolved to cities and required to be the primary and dominant
municipalities by the Local Government bases for the future use of land resources,
Code (Art 447, para.2(x), Article 459, with the caveat that the requirements of
para.2(x)). food production, human settlements and
industrial expansion shall be considered in
such plan.
B. Government Land Management
Activities 2. Land Conversion or Reclassification
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Small property owners are defined by the by private persons may, however, be
law as those whose only real property exchanged with less valuable lands to
consists of residential lands not exceeding carry out the objectives of RA 7279.
300 square meters in highly urbanized
cities and 800 square meters in other Another aspect of public land acquisition is
urban areas. (RA 7279, Section 3, para.q) the setting aside of public lands for public
projects through presidential proclamation.
Eminent domain may be exercised for The Administrative Code of 1987 (EO 292)
public uses or purpose, or welfare, for the empowers the President to reserve for
benefit of the poor and the landless, upon settlement or public use any of the lands
payment of just compensation. of the public or private domain.
Immediate possession of the property may
be effected upon the deposit with the
proper court of at least 15% of the fair 4. Land Disposition
market value of the property based on the
current tax declaration of the property to Depending on the nature and occupancy
be expropriated. The amount to be paid status of the land, the various modes of
for the property expropriated shall be land disposal used by the Department of
determined by the proper court, based on Environment and Natural Resources are as
the fair market value at the time of the follows:
taking of the property (RA 7160, Section
19). a) Sales Patent. This involves the
sale of lands to individuals, subject to
All the other modes of acquisition that conditions, aimed at minimizing
need to have been exhausted before speculation and encouraging development.
resorting to expropriation are explicitly Done through public auction, the land is
defined in the Urban Development and awarded to the highest bidder subject to
Housing Act of 1992 or RA 7279 as the condition that the awardee shall enter,
follows: break and cultivate at least 1/5 of the land
within 5 years from the date of the award.
a) Land Assembly or Consolidation. This
refers to the acquisition of lots of varying b) Homestead Patent. Introduced
ownership through purchase or by the American colonizers to expedite
expropriation, for the purpose of planned settlement of the undeveloped areas in
and rational development and socialized the country, it involves gratuitously
housing programmes without individual conveying to individuals, parcels of land
property restrictions. subject to conditions requiring residence in
and cultivation of the land within a certain
b) Land Banking. This is the acquisition of timeframe to ensure its development.
land at values based on existing use, in Upon the satisfaction of the conditions,
advance of actual need to promote the patent or conveyance eventually
planned development and socialized matures into a full title.
housing programmes.
c) Free Patent. An administrative
c) Land Swapping. This refers to the process under the Public Land Act by
acquisition by exchanging land for another which titles are “perfected” through the
piece of land of equal value, or for shares awarding of a free patent. This is
of stock in a government or quasi- intended to benefit those who could not
government corporation whose book value establish sufficient legal basis for title, but
is of equal value to the land being had occupied the land for the length of
exchanged, for the purpose of planned time prescribed by law. This process is
and rational development and the available only to native born Filipinos.
provision for socialized housing. In land
swapping, land values are determined
based on land classification, market value
and assessed value taken from existing tax
declarations. More valuable land owned
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d) Voluntary Confirmation. This buffer zones, including the preservation of
provides an opportunity for those who historical and cultural landmarks, with or
have claims to title to present their case without improvements. The Department
voluntarily before the courts which do not of Agriculture has recently completed a
award the title but, as the name suggests, plan called Integrated Protected Area
merely confirms it on the basis of the System (IPAS) which seeks to protect
evidence presented. prime agricultural lands all over the
country from indiscriminate conversion to
e) Compulsory Confirmation. other uses. The rationale is the need to
Due to the unsuccessful orderly conversion ensure food security and to maintain
of lands with uncertain status (for various ecological balance.
reasons such as ignorance of the law,
costs, etc.) the Cadastral Act was passed
in 1913 where the government declared INSTITUTIONAL
specific cities or municipalities to be
subject to comprehensive cadastral
ARRANGEMENTS
survey. All lands in the local government
unit were included in the survey and their1. Role of the Government
claimants identified, in the process.
Much of the land management activities in
5. Land Development and its the Philippines are undertaken by national
Regulation departments and line agencies whose
functions are, in some cases, overlapping
Land development activities are governed and duplicative with each other. Local
by both national laws and local governments have only recently been
ordinances. Policy and standard setting, drawn into the activity but their state of
review of local development plans and preparedness and competence to assume
zoning ordinances and resolution of land the task remains in question.
use conflicts are vested in a national
agency, the Housing and Land Use
Regulatory Board (Executive Order 648).2. Actual Performance
The preparation of local development
plans, land use plans and zoning The performance of line agencies leaves
ordinances, on the other hand, are vested much room for improvement although no
in the cities and municipalities. Except studies have yet been undertaken to pin-
those for non-component cities and point with certainty the areas of
municipalities and highly urbanized cities, weaknesses. Cursory studies and limited
these land use plans are required to information reveal, however, the need for
conform with the comprehensive provincial consolidating certain land classification,
land use plans. disposition and land development
functions in one centralized agency or, at
Cities and municipalities are also least the more effective synchronization of
authorized, subject to national laws to these functions.
process and approve sub-division plans for
residential, commercial or industrial and Local governments, on the other hand,
other development purposes. (Article 447, have very nominal participation in land
para.2(vii) and Article 458, para.2(vii), management activities except in the
Local Government Code.) formulation and implementation of land
use plans and the enforcement of zoning
ordinances. The new Local Government
6. Conservation of Lands Code provides for improvement of this
situation.
Land conservation is as much a part of
land management as land development
and its regulation. Conservation of lands3. Shift of Approach
is effected through the declaration of
parks and open spaces, green belts and The traditional approach of most land
agencies of focusing only on their land
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disposition function without concern for land; the treatment of land as valuable
the ultimate use of these resources have, and irreplaceable resource outside of the
since a couple of years ago, been given up usual commerce of man; land as an
for a more improved strategy. This equalizer and instrument for promoting
strategy is reflected in the change of name wealth re-distribution and equity
that they have undergone. For instance, objectives of national development.
the Bureau of Lands has become the
Bureau of Land Management while the • The imperative of streamlining the
Bureau of Forestry has become the Bureau operation of institutions involved in
of Forestry Management. The the various aspects of land
Metropolitan Manila Commission (now management and establishing the
Metropolitan Manila Authority) has, for its needed functional linkages.
part, constituted its own Land
Management Office to show that its • The need to identify the areas that
concern goes beyond the mere regulation should be included in a capability and
of land development activities by the confidence building programme
private sector. It is equally interested in (technical, financial, legal) to be
monitoring the development and implemented in government
improvements on the land to ensure that institutions, local governments, private
they take place in accordance with the sector and NGO’s for their effective
Metro Manila Development Plan. performance of land management
functions.
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References