Anda di halaman 1dari 45

PHILIPPINESAUSTRALIA LAND ADMINISTRATION

AND MANA GEMENT PROJECT

LAND LAWS AND REGULATI ONSPOLIC Y STUDY

FINAL REPORTVolu me 1

July 2002
REPORT A2

Department of Justice

72National Land Data Base


Provide an inter-agency systems andprocedure for capturing new informationand transactions on land matters withdifferent agencies Establish mini-systems of records mngtfrom national to provincial and municipallevels8. diffused administration and authority in landsurveys and mapping, resulting in overlappingboundaries10. on an integrated land survey authorityDevelop a single land surveys andmapping authorityProvide the legal authority frameworkfor developing technical, administrative andpolicy reforms on surveys9. diffused authority mechanism on landadministration11. on an integrated authority mechanism onland administrationDevelop a unified land mngt systemcharged with functions on surveys, mapping,disposition, titling and registrationFormulate an authority framework toregulate land transactions for both private andpublic lands10. irrational land revenue collection 12. integrate land related taxes and fees11. expiration of Free Patent Law resulting indeprivation of administrative titling13. Extend free patenting until all disposablelands are certified by the concerned agency12. Classification of Lands inconsistency of actual use with the present classification14. There should be a general updatingof land classification13. Conflicting/ overlapping laws pertaining toland titling3. Synchronized or harmonized provision of existing laws and regulations on land titling15. Codify all existing laws relating to landtitling and registration14. Many agencies are involved in land titling 4. Only one agency will cater to the survey,processing, registration and issuance of title16. Legislation of laws pertaining to theintegration of all offices (DENR, HLURB,LGUs, ROD) to create one agency to cater survey, processing, issuance and registrationof title

Annex 5
7315. Several documentary requirements in eachagency5. Simplified documentary requirements ineach agency17. Policy formulation on the existingprocedures on documentary requirementspertaining to land titling16. Defective land surveys 6. Centralized record keeping by one agencyof all survey records18. Only one agency should keep records of surveys17. No proper delineation of boundariesbetween alienable and disposable land andtimber land7. Visible land marks or monuments on theground19. Actual survey of land specifyingboundaries between alienable and disposableland and timber land on the ground by puttingland marks or visible monuments18. The tedious system of registration of inherited properties involving severalsuccessors-in-interest8. Heirs are motivated or

encouraged toregister their inherited properties andsubsequent transfer thereof 20. Proper information campaign to the heirson the advantages and benefits derived inhaving lands titled19. Strategic location of different agenciesinvolved in land titling and registration9. One stop shop 21. All different agencies involved in land titlingshould be strategically located20. Issuance by some assessors on landclassified as timber land10. No issued tax declaration within landsclassified as timber lands22. There must be a law regulating issuance of tax declaration21. Negative or passive attitude of landclaimants relative to registration and titling of lands11. Positive attitude of land claimants relativeto land registration and titling23. Proper information campaign to landclaimants22. Classification of Lands as provided in theConstitution belongs to Congress and theclassification involves political issues12. Classification should be with the Executiveand be localized24. Enact law where land classification goesthrough the Executive only and localize toLGUs and amend Constitution considering theRegalian doctrine23. Non-appreciation of the value of Torrenssystem13. Owners appreciate/ enjoy value of theTorrens system25. Massive information drive and landmapping24. Procedures too long and tedious 14. Provide uniform and simple proceduresthroughout the country26. Creation of One-Stop Shop type of rendering service

Annex 5

74 Minutes of the Consultative Mini Workshop With NGOsDate : June 6, 2002 Time : 11:15 A.M. Venue :

Conference Room, OSS BuildingCandahug, Palo, Leyte Presiding Officer : Lisa Ting, International Consultant Present :Florentino G. Saludo

- COS Rural Development Institute (RDI), Leyte Godofredo B. Maray - Project Director Leyte Rural Assistance Program (LRAP) Clarita P. Napoles

- Regional Executive Director VICTO Andresito A. Deligero - President CREBA Jocelyn Y. Dorado - Administrative Officer RUNGGIYAN

Antonio C. Gobenciong - President and Executive Consultant Training & Devt.Institute, Phils Angeles R. Borja - Planning Office, LAMP-PIO 1, Leyte Agenda :

Policy Study on Fragmented Land Laws and Regulations of Properties affecting LandAdministration. Major Issues Raised:1. Different land titling processes its advantages and

disadvantages.Titling (now) Advantages Time Disadvantages4 RestrictionA. Judicial - strong legal basis - costly & time& evidence of ownership consuming- long process- it took years

B. Homestead - minimal cost 25 years unfairness(gender)prone to abuse- even tenants/anyone can apply C. Free Patent - minimal cost 5 years - 30 yrs.

possession(Agricultur al lands) too long D. Misc. Sales - sell right away 0 years buy from the govt.1. Residential - faster than judicial costly2. Foreshore titling - can not

determinethe valuation - itsup to the govt. E. Revocable 1 year F. CLOA/EP - free, but cost of the 10 years can be unilaterallyland is

being cancelled by DARamortized Annex 5 75 G. Presidential squatters, schools Time of occupationProclamati on on public lands

H. Special Free 5 yearsPatent(Residenti al lands) I. IP (NCIP) - For Indigenous Peoples only

2. Titling processes under DAR, DENR & LRA. In the present practice in land titling process, several agencies are involved. Since theseagencies are governed by their own policies, the

duplication in the issuance of titles is inevitable.Some of these policies are in conflict with that of the other agencies. 3. Overlapping of functions of the different agencies

involved in the titling process. Jurisdiction of certain key land areas specifically on agricultural land must be clarified. Anefficient system would be established if all the agencies

involved in the land titling process would beintegrated under one (1) department to avoid overlapping of functions. 4. Conflicting land laws in the land titling process of the different agencies.

Certain laws govern every agency; some of these are in conflict with the policies of the differentagencies. To avoid conflict of laws, amendments of certain laws are essential and must be

consistent.e.g. R.A. 6657, the Agrarian Reform Law wherein it covers all public as well as private agriculturallands, regardless of tenurial arrangements and kind of commodity produced, its

retention limit is only 5hectares. But under the Homestead Patent Law the area limit is 24 hectares then it was reduced toonly 12 hectares.The law is still certain that the area limit is 12 hectares, which is

consistent with the provision inthe Constitution. But during the deliberation of the proposed extension of Free Patent Law in the lower house and the Senate, it reduces the area limit to 5

hectares to conform with the provision under theCARP Law. Suggestions/Recomme ndations: 1. Simplify or streamline the land titling process and amend some laws in order not to

createconflicts between agencies involved.2. Formulation of policies framework by which we can shift direction in the analysis of existing legalframework operating in the

country at present.3. Come up with certain reforms in the administrative system, it should be guided by set of fundamental principles by which later on we will be able to come up with

the right proposal onhow to go about it. 4. Come up with unified policies in order to arrive at the right direction in the implementation of landtitling activities.

Prepared by: ANGELES R. BORJA Planning Officer QUESTIONNAIRE TO COURTS: LAND REGISTRATION CASES Annex 6 76

Level of Court Location of CourtTotal # of cases 1998-2001 Total # of land registration cases 19982001

4.1
Please note that the date a case entered the court system means the date that a case was

first filed in any court.1) Cases that first entered the court system less than 2 years ago5 Type of Case No. of cases Type of Case No. of casesJudicial confirmation of imperfect or incomplete titles

Reconstitution of lost or destroyed original Torrens titlesReplacement of lost duplicate certificate Adverse claimsConflicting claims for the same type of tenure Amendment of certificate of title:

substantive and minor alterationsPetition for surrender of duplicate certificate Conversion of land useOthers please describe: Others please describe:2) Cases that first entered the court system 3 - 5 years ago6 Type of Case No. of cases Type

of Case No. of casesJudicial confirmation of imperfect or incomplete titles Reconstitution of lost or destroyed original Torrens titlesReplacement of lost duplicate certificate Adverse

claimsConflicting claims for the same type of tenure Amendment of certificate of title: substantive and minor alterationsPetition for surrender of duplicate certificate Conversion of land useOthers please describe: Others

please describe:3) Cases that first entered the court system 6 - 9 years ago7 Type of Case No. of cases Type of Case No. of casesJudicial confirmation of imperfect or incomplete titles Reconstitution of lost

or destroyed original Torrens titlesReplacement of lost duplicate certificate Adverse claimsConflicting claims for the same type of tenure Amendment of certificate of title: substantive and minor

alterationsPetition for surrender of duplicate certificate Conversion of land useOthers please describe: Others please describe:

Automonous