LAND TITLING IN THE
PHILIPPINES: ADDRESSING
CHALLENGES THROUGH A
REFORM-ORIENTED FRAMEWORK
By: Atty. Emelyne V. Talabis
Acting Director
Land Management Bureau,
Department of Environment and Natural
Resources
Philippines
PHILIPPINES
Archipelago of more than 7,100 islands
Located in Southeast Asia
North – Japan, Hongkong, Taiwan and
South Korea
South – Singapore, Malaysia and
Indonesia
West – Thailand
East – Pacific Ocean
Tropical Climate with two (2) seasons –
rainy and dry
Three (3) major island groupings – Luzon,
Visayas and Mindanao
About 300,000 square kilometres
Population – 100.98 million as of August
2015
Status of Classification of
Philippines’ Land Resources as
of 2015
A & D LANDS
FOREST LANDS
52.21% 47.79%
15,509,555 ha. 14,194,675 ha.
TOTAL LAND AREA = 29,704,230
hectares
Article XII, Section 2, 1987 Philippine
Constitution
“All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of
potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are
owned by the State. With the exception of
agricultural lands, all other natural resources
shall not be alienated. The exploration,
development, and utilization of natural resources shall
be under the full control and supervision of the State.”
(underscoring supplied)
Republic Act No. 8371
or the Indigenous People’s Rights Act (IPRA) of
1992
“SECTION 4. Concept of Ancestral Lands/Domains. — Ancestral lands/
domains shall include such concepts of territories which cover not only
the physical environment but the total environment including the
spiritual and cultural bonds to the areas which the ICCs/IPs possess,
occupy and use and to which they have claims of ownership.
SECTION 5. Indigenous Concept of Ownership. — Indigenous concept of
ownership sustains the view that ancestral domains and all resources
found therein shall serve as the material bases of their cultural integrity.
The indigenous concept of ownership generally holds that ancestral
domains are the ICC’s/IP’s private but community property which
belongs to all generations and therefore cannot be sold, disposed or
destroyed. It likewise covers sustainable traditional resource rights.
National Commission on Indigenous Peoples
Administrative Order No. 1 Series of 1998
(Rules and Regulations Implementing
Republic Act No. 8371)
Section 4. Recognition of Ancestral Domain and Land Rights. The
rights of the ICCs/IPs to their ancestral domains and lands by
virtue of native title shall be recognized and respected. Native
title to ancestral domains and lands may be formally
recognized or established through the issuance of
corresponding Certificate of Ancestral Domain Title
(CADT) or Certificate of Ancestral Land Title (CALT) as
provided in the Act. All areas within ancestral domains, whether
delineated or not, are presumed to be communally owned and,
pursuant to the indigenous concept of ownership, could not be
sold, disposed nor destroyed.”
Status of Land Titling
Remaining Untitled A and D Areas turned over to other agencies
538, by virtue of proclamation
1,
995
2
(ha) Non agricultural (road
8
5,
7% 2 3 8
) 3
network, open spaces)
a. ,69
(h 91%7
4
1,0
%
(
h
a.
)
Judicially Titled
Administratively 9,385,274 (ha.) 1,966,836 (ha.)
Titled 14%
66%
as re
A
ns a
Tr
er f
d re
ot t o
er h
nc g e
A
es i
Total A and D Lands = 14,194,675 hectares
PHILIPPINES’ LAND TITLING SYSTEM
Torrens system of land registration
On November 6, 1902, the Philippine Commission enacted Act 496,
known as Land Registration Law. This provided for the creation of the
Court of Land Registration (CLR), the office of the Registers of Deeds
and of the institution in this country of the Torrens System of registration
whereby real estate ownership may be judicially confirmed and recorded
in the archives of the government
Presidential Decree No. 1529 known as the Property Registration Decree
was issued on June 11, 1978. It amended and codified the laws relative
to registration of property in order to facilitate the effective
implementation of said laws. It was also intended strengthen and
simplify registration proceedings and the issuance of certificates of title
Two modes of land titling
judicial mode of titling is done through filing a petition for land
registration in the Courts based on the Property Registration Act
or Presidential Decree No. 1529 or Commonwealth Act No. 141
titling through administrative mode is done by multiple
administrative agencies, each having their respective mandates
provided under the laws with corresponding rules and regulations
• Department of Environment and Natural Resources (DENR)
• Department of Agrarian Reform (DAR)
• National Commission on Indigenous Peoples (NCIP)
LAND TITLING PROCESS
ADMINISTRATIVE
• Patents (DENR)
Taxation
Valuation /
ON
CLASSIFICATI
• CLOAs (DAR)
SURVEY • CADTs/CALTs REGISTRATION
(DENR) (NCIP) (LRA, ROD)
Control Original
TITLING (OCT)
Political
Boundary JUDICIAL (Courts)
Subsequent
Land Decree
(TCT)
Parcel - Voluntary
- Compulsory
(Cadastral
Proceedings)
Mandates DENR LRA/ DAR NCIP LGU/
ROD BIR
1. Land X
Classification
2. Survey and X X X
Mapping
3. Titling X X X X
4. Original and X
subsequent
Registration
5. Property X X
Valuation/
Appraisal
6. Subsequent X X
survey
AGENCIES WITH LAND RELATED
SERVICES
SECTORAL SITUATION
Ineffective and inefficient
Inconsistent & coordination of land
outdated land laws administration
and policy institutions
-delays
-high costs
-fake and spurious titles
Clients and users -conflicts, court litigation
of the Land -limited access to tenure
Administration and system
Management System -weak land governance
- low investments affecting
economic growth
Unnecessary steps Inappropriate valuation
and requirements and
taxation on land
ownership and transfers
IMPLEMENTATION OF REFORMS
adoption of the Systematic Adjudication Approach in land titling
DENR Administrative Order No. 2007-09 dated June 18, 2007
entitled “Prescribing the Systematic Adjudication Process to Simplify,
Streamline and Fast Track the Disposition of Public Alienable and
Disposable Lands Through Free and Homestead Patents
implementation of the Land Administration and Management
System (LAMS)
DENR Administrative Order No. 2010-18 dated June 23, 2010 entitled
“Improving Management of Land Information Through the Adoption
of the Land Administration and Management System (LAMS)”
IMPLEMENTATION OF REFORMS
legislative proposal entitled “The Land Administration
Reform Act (LARA)” is being pursued. This Bill proposes the
merging of the land administration agencies into a single agency,
to be called Land Administration Authority (LAA,) as the first step
in achieving land administration reform
completion of the cadastral survey of the entire country
last 2015
Republic Act No. 10023, or the Residential Free Patent
Law
IMPLEMENTATION OF REFORMS
policies and strategies to strengthen the coordination and
linkaging between and among land titling agencies
adoption of Joint DAR-DENR-NCIP-LRA Administrative Order (JAO)
No. 1 Series of 2012 entitled “Clarifying, Restating and
Interfacing the Respective Jurisdictions, Policies, Programs and
Projects of the DAR, DENR, NCIP AND LRA in order to Address
Jurisdictional and Operational Issues Between and Among the
Agencies” and its implementing rules per Joint DAR-DENR-NCIP-
LRA Memorandum Circular (JMC) No. 08 series of 2012
adoption and implementation of a one-control map that will
provide a single digital map projection among all land titling
agencies to incorporate all existing survey plans in one
projection or base map for easy access, sharing and data
management
The 20-year Land Sector Development Framework ( 2010-2030)
Vision – a world-class efficient land administration and management system geared towards
sustainable and equitable socio-economic growth of the Filipino people
Mission – The mission of the sector is to:
• Provide tenure security by accelerating formal recognition of all rights and providing effective and
efficient LAM services
• Provide effective management of public and government owned land for the benefit of present and
future Filipinos and promote optimal use and sustainable management of land and natural resources
• Establish an effective and transparent property valuation and taxation system to stimulate the real
property market and maximize property revenue; and
• Develop an integrated Land Information System harnessing modern ICT in support of LAM functions
and e-government services
Guiding principles: Equity, Efficiency, Accountability, Partnerships, Demand driven reform, Subsidiarity
Policy Themes/Strategic Policy Statements: Land Management, Land Administration, Land Information
Management, Property Valuation and Taxation
Enabling Platform: Legislative and Institutional Framework, Capacity Building, ICT and Fiscal and Resource
Mobilization
Property
Land
Strategie
Land Adminis- Public Land Valuation Enabling
Information
s
tration Management Taxation and Environment
Management
Fees
ADDRESSING CHALLENGES
Access to a complete, updated and accurate spatially referenced
land information
Need for clear and strong legal and institutional framework
between and among land titling agencies
Completion of original land titling
Need to address food security and disaster management issues
Selling the entire reform system and making the people accept
and embrace them as a new way of life
WAY FORWARD
Work on the integrated access to land information and land
administration and management services through data
standardization and harmonization with strong Information
Technology (IT) support
Adoption of a more aggressive advocacy at the legislative,
institutional and public level in pursuing reforms for a deeper and
more active engagement of all land management stakeholders
(holding of fora, conventions and other public symposia)
Active participation of local government units in land survey and
titling through Systematic Adjudication should be promoted
towards improved revenue generation and local land use and
development planning
WAY FORWARD
Adoption and operationalization of the Item 6 of the 0-10-Point
Socio-economic Agenda of the current Administration at the
National Agencies and local government levels particularly on
their respective systems and procedures of land management,
titling and registration
Updating of various researches and studies on land
administration and management to be at par with current
international trends and practices
Engagement of support from the various stakeholders, both local
and international, to encourage and explore more programs,
projects and policies in pursuing and sustaining reforms
10-Point Socio-economic Agenda of
the Current Administration
Agenda No. 6 :
“Ensure security of land tenure to encourage
investments, and address bottlenecks in land
management and titling agencies.”
Thank You for listening!
