By:
Reynaldo C. Navacilla, DPA, PhD
Senior Environment and Social Safeguard Specialist
Legal Framework on Land Administration
•Presidential Decree No.1529 - Amending and Codifying the Laws
Relative to Registration of Property and for Other Purposes
•Republic Act No. 6657 - Comprehensive Agrarian Reform Law of
1988
•Presidential Decree No. 705 - Revising PD No. 389, otherwise known
as the Forestry Reform Code Of The Piilippines, May 19, 1975
•Republic Act No. 6657 - Indigenous Peoples Rights Act (“IPRA”)
•Presidential Decree 1586 - Environmental Impact Statement (“EIS”)
System
•Republic Act No.7586 - National Integrated Protected Areas System
Act (“NIPAS”) as amended by RA 11038-Expanded NIPAS
•Republic Act No. 7160 - Local Government Code of 1991
Legal Framework on Land Administration
•DENR ADMINISTRATIVE ORDER NO. 2010-17, June 18, 2010 - IMPLEMENTING RULES AND
REGULATIONS (IRR) ON THE CONDUCT OF INSPECTION, VERIFICATION AND APPROVAL OF
SURVEY (IVAS) IN THE PHILIPPINE REFERENCE SYSTEM OF 1992 (PRS92)
•PD 239 has withdrawn the authority from the LRA to approve original survey plans-ONLY
THE LANDS MANAGEMENT BUREAU HAS AUTHORITY TO APPROVE ORIGINAL SURVEY PLANS
FOR REGISTRATION PROCEEDINGS
•Presidential Decree No. 1529 (June 11, 1978), created the Land Registration Commission
(LRC) under the executive supervision of the Department of Justice (DOJ) for a more
efficient execution of laws relative to the registration of lands, geared to the massive and
accelerated land reform and social justice program of the government.
•Executive Order No. 649 (February 9, 1981) reorganized the LRC and renamed it as
National Land Titles and Deeds Registration Administration (NLTDRA).
•Executive Order No. 292 (July 25, 1987) renamed the NLTDRA as Land Registration
Authority (LRA) attached to the DOJ.
•Executive Order No. 690 transferred LRA from the Department of Justice (DOJ) to the
DENR.
Legal Framework on Land Administration
•REPUBLIC ACT No. 11201- An Act Creating the Department of Human Settlements and
Urban Development, Defining its Mandate, Powers and Functions, and Appropriating
Funds Therefor
•CHAPTER III Section 5. Powers and Functions. - The Department shall exercise the
following powers and functions:
II. Environmental, Land Use and Urban Planning and Development
(a) Develop and maintain a shelter and urban development management, standards
and monitoring information system which shall include, but not be limited to, the
following data sets: inventory of idle lands, CLUPs, inventory of housing stocks, and list of
beneficiaries: Provided, That notwithstanding this provision, all existing CLUPs duly
approved and being implemented by the LGUs shall remain in full force and effect for
the duration of the period as stated therein: Provided, further, That upon enactment of
this Act, LGUs may improve, amend and enhance their existing CLUPs in accordance
with the standards set by the Department;
Land
Land is a fundamental resource that plays a pivotal role in
agricultural productivity, rural development, and economic
sustainability.
Land holdings, tenure systems, and land reforms have historically been significant issues
in the geography of resources and rural planning.
The socio-economic fabric of the country has been deeply influenced by how land is
owned, used, and distributed.
Definition of Landholdings
Land holdings refer to the area of land
owned or cultivated by an individual, family,
or organization.
The size and distribution of holdings vary
widely across India due to factors such as
inheritance laws, agricultural practices, and
socio-economic conditions.
Types of Landholdings
1. Marginal Holdings
◦Size: Less than 1 hectare.
◦Characteristics: Dominant in Philippines, especially among small-scale farmers.
◦Challenges: Low productivity and vulnerability to economic shocks.
2. Small Holdings
◦Size: 1 to 2 hectares.
◦Characteristics: Slightly better productivity but still face constraints in
mechanization and investment.
3. Medium Holdings
◦Size: 2 to 10 hectares.
◦Characteristics: Moderate economic viability and better access to resources.
4. Large Holdings
◦Size: More than 10 hectares.
◦Characteristics: Significant potential for mechanization, but rare in India due to
land fragmentation.
Definition of a Land Tenure System
Land tenure refers to the manner in which land is
owned, managed, and utilized within a specific legal,
cultural, or economic framework.
A land tenure system, therefore, is a set of rules and
practices that determine the rights and responsibilities
of individuals, communities, or organizations
concerning land.
Definition of a Land Tenure System
Land tenure systems outline who has access to land,
who controls its use, and how land rights are
transferred or inherited. These systems can be formal,
such as government-enforced legal statutes, or
informal, based on customary traditions and practices
within communities.
The framework of a land tenure system is shaped by a
variety of factors, including history, culture, legal
frameworks, and economic objectives.
Types of Land Tenure Systems
1. Private Land Tenure
In a private land tenure system, land is owned by individuals or organizations. The
owners have exclusive rights to use, lease, or sell the property as they see fit. Private
tenure systems are predominant in many Western countries and are closely associated
with capitalist economies.
2. Communal Land Tenure
In communal land tenure, land is owned and managed collectively by a community
or group. Every member of the community has the right to use the land, often for
purposes like grazing, farming, or cultural practices. This system is common in
indigenous communities and rural areas of Africa and Asia.
Types of Land Tenure Systems
3. State Land Tenure
Under state land tenure, the government owns and controls land. It can be allocated
to individuals or organizations for specific uses, such as agriculture, residential, or
commercial purposes. State tenure is prevalent in countries with socialist or communist
ideologies.
4. Open Access Land Tenure
In an open access system, no specific entity owns or controls the land, allowing
anyone to use it. However, this lack of control can lead to overexploitation and
environmental degradation, as there are no governing rules to manage the land use.
Types of Land Tenure Systems
5. Customary Land Tenure
Customary tenure is based on traditional systems that have been passed down
through generations. It is often unwritten and governed by community leaders or
elders. Customary systems are widespread in Philippines, Asia, and the Pacific Islands.
6. Leasehold Tenure
Leasehold tenure grants the right to use the land for a specific period, as outlined in a
lease agreement. The land remains owned by another party (individual, community, or
state), while the leaseholder has the right to use and profit from the land during the
lease period.
Importance of Land Tenure
Security of Tenure
Foundation for Stability: Secure land tenure provides a sense of permanence and
stability for individuals and communities. When people have legally recognized and
protected land rights, they are more likely to invest in long-term improvements, such
as soil health and infrastructure. This stability is crucial for farmers, who need to
commit to sustainable practices without fearing eviction.
Impact on Housing: In urban areas, secure tenure is essential for housing stability.
Residents with legal rights to their homes are more likely to invest in and maintain their
properties, leading to safer and more stable communities. This reduces the
prevalence of informal settlements and slums.
Agricultural Productivity: For agriculture, security of tenure means farmers are more
inclined to adopt sustainable practices and make long-term investments. This leads
to increased productivity, improved food security, and better livelihoods for rural
populations.
Importance of Land Tenure
Economic Development
Encouraging Investment: Clear and secure land tenure arrangements create an
environment conducive to investment. Landholders with confidence in their rights are
more likely to invest in agriculture, construction, and industry, driving economic
growth through increased productivity and job creation.
Supporting Infrastructure Development: Land tenure systems are vital for infrastructure
projects, including roads, utilities, and public facilities. Clear land ownership and
usage rights simplify the process of land acquisition, reducing conflicts and delays in
development projects.
Enabling Financial Services: Secure land tenure allows land to be used as collateral
for loans, providing access to credit for entrepreneurs, farmers, and businesses. This
financial leverage is crucial for investing in land-based projects and supporting
economic development.
Importance of Land Tenure
Social Stability
Reducing Conflicts: Well-defined land tenure systems help minimize land-related
conflicts by clarifying ownership and usage rights. This clarity reduces disputes over
boundaries and resources, contributing to social stability, especially in regions where
land is scarce.
Preventing Displacement: Secure land tenure protects individuals and communities
from forced displacement and land grabs, which can lead to violence and social
unrest. By ensuring clear and enforceable land rights, tenure systems help maintain
social order and protect vulnerable populations.
Enhancing Social Cohesion: Inclusive and equitable land tenure systems foster social
cohesion by providing all community members, including marginalized groups, with
secure land rights. This inclusivity strengthens community bonds and contributes to a
sense of belonging and shared responsibility.
Importance of Land Tenure
Environmental Sustainability
Promoting Sustainable Land Use: Secure land tenure encourages sustainable land
use practices. Landholders with long-term security are more likely to invest in
conservation efforts, such as soil preservation and reforestation, which are essential
for maintaining ecosystem health.
Preventing Overexploitation: Insecure or unclear land tenure can lead to
overexploitation of resources, as landholders may prioritize immediate gains over
long-term sustainability. Secure tenure motivates responsible resource management,
helping to prevent environmental degradation.
Supporting Conservation Efforts: Effective land tenure systems are crucial for
conservation initiatives, including protected areas and wildlife reserves. Clear land
rights support efforts to conserve biodiversity and protect ecosystems by ensuring
that conservation areas are respected and managed effectively.
Land Titles issued by the Department of Agrarian Reform
1. Emancipation Patents (EP)
Granted to tenant-farmers under P.D. No. 27, specifically for rice and corn lands.
EPs are only issued if the beneficiary completes payment for the land, either through the Land
Bank of the Philippines or as arranged by DAR. Even after full payment, EP holders typically
face restrictions on land transfer for a set period (commonly 10 years). Any unauthorized
transfer without DAR approval may result in reversion.
2. Certificate of Land Transfer (CLT) is a document issued by DAR, pursuant to DAR
Memorandum Circular No. 24, series of 1973, dated October 24, 1973.
3. Certificates of Land Ownership Award (CLOA)
CLOAs are issued under R.A. No. 6657 (CARL) for land awarded to farmer-beneficiaries. CLOA
holders must comply with cultivation and payment obligations and cannot generally transfer
the land for 10 years from the date of award (unless by hereditary succession or with DAR
permission). CLOA titles often have a notation that they are subject to agrarian reform laws.
This is sometimes referred to as an “encumbrance annotation.”
4. Collective CLOAs
Several beneficiaries may share a single CLOA (called a Collective CLOA), often for
contiguous farm lands. Transfer of an individual beneficiary’s share can be more complex due
to the shared nature of the title. Partition and subdivision of the collective CLOA requires DAR
approval.
Legal Basis of Parcelization of Collective Certificate of
Landownership Award (CCLOA)
Republic Act No. 6657 (Comprehensive Agrarian Reform
Law of 1988) – The foundational statute for land reform in the
Philippines.
Republic Act No. 9700 (CARPER) - Strengthened and
extended the Comprehensive Agrarian Reform Program.
Executive Order No. 129-A (1987) - Reorganized the DAR
and clarified its mandate to implement the agrarian reform
program.
Administrative Order No. 02, Series of 2024 - Revised rules,
regulations, and procedures on the parcelization of
landholding with collective certificates under the SPLIT
Project
Parcelization of Collective Certificate of Landownership Award
(CCLOA)
Parcelization of CCLOAs
In the Philippines, the Comprehensive Agrarian Reform Program
(CARP) was instituted under Republic Act (R.A.) No. 6657, as amended
by R.A. No. 9700, with the goal of redistributing agricultural lands to
landless farmers. One of the key legal instruments under CARP is the
Certificate of Land Ownership Award (CLOA), which confers
ownership to qualified agrarian reform beneficiaries (ARBs).
Collective Certificates of Land Ownership Award (CLOAs) are issued to
Agrarian Reform Beneficiaries, allowing for co-ownership and
subsequent individual titles while ensuring the protection of members'
interests within cooperatives and farmers' associations.
Parcelization of Collective Certificate of Landownership Award
(CCLOA)
Parcelization of CCLOAs
In the Philippines, the Comprehensive Agrarian Reform Program
(CARP) was instituted under Republic Act (R.A.) No. 6657, as amended
by R.A. No. 9700, with the goal of redistributing agricultural lands to
landless farmers. One of the key legal instruments under CARP is the
Certificate of Land Ownership Award (CLOA), which confers
ownership to qualified agrarian reform beneficiaries (ARBs).
Parcelization of Collective Certificate of Landownership Award
(CCLOA)
Certificates of Land Ownership Award (CLOAs)
A Certificate of Land Ownership Award (CLOA) is issued by the Department
of Agrarian Reform (DAR) to agrarian‐reform beneficiaries (ARBs) under the
Comprehensive Agrarian Reform Program (CARP, R.A. 6657, as amended by
R.A. 9700). Although CLOAs are registrable titles under P.D. 1529 (Property
Registration Decree), they follow a sui generis issuance and registration
pathway that involves DAR, DENR, the Land Registration Authority (LRA) and
the Register of Deeds (ROD).
Parcelization of Collective Certificate of Landownership Award
(CCLOA)
Collective Certificates of Land Ownership Award (CCLOAs)
A Collective Certificates of Land Ownership Award (CLOAs) are issued
to Agrarian Reform Beneficiaries, allowing for co-ownership and
subsequent individual titles while ensuring the protection of members'
interests within cooperatives and farmers' associations.
Parcelization of Collective Certificate of Landownership Award
(CCLOA)
Overlapping Claims and Titles
• Overlap with Previously Titled Lands: In some instances, CLOAs were
issued over lands with existing Torrens titles, leading to legal conflicts.
The LGU is sometimes caught between the DAR-issued CLOA holder
and a previously registered owner.
• Strong horizontal overlaps in mandates of key land agencies: These
include DAR, DENR, LRA, and NCIP, reflecting the many agencies
issuing original titles, review and approval of survey plans, and
maintenance of land records in various forms.
• Boundary Conflicts: Inaccurate or outdated surveys can cause
boundary overlaps, prompting LGUs to coordinate with DAR and the
DENR for re-survey or correction.
Land and Resource Governance Policy Framework
Sector-based Tenure Reforms
The three sector-based tenure reforms
CARP/ER, IPRA and the Fisheries Code – further elaborate on the tenure
rights of disadvantaged sectors as guaranteed/ provided by the
Constitution.
Thus, they also deal with General Matters, Legal Recognition and
Transfers.
Each tenure reform law focuses on a specific sector such as:
1. Tenants, farmworkers and landless farmers in private and public
lands(CARP/ER),
2. Indigenous cultural communities and indigenous peoples (IPRA),
3. Small-scale and artisanal fisherfolk (Fisheries Code).
The Principal Approaches to Resolving Disputes
Lincoln Institute of Land Policy (2013)
•Rely on power. Use one's leverage to force or
coerce someone to act.
•Adjudicate rights. Rely on an arbiter to decide who
is right. Set up adjudicatory processes to determine
who has legally enforceable right and who does
not.
•Reconcile interests. Try to sati*!v needs,
concerns, and fears of every-one involved.
Power- and rights-based systems
•Designed to adjudicate rights, not reconcile interests.
•Less likely to produce durable outcomes because results
can be overturned when the power balance changes. In
local communities, the power balance is always shifting
with new elections and court challenges.
•While such approaches may allow for quick decisions, the
results of those decisions are not likely to last or satisfy
many of the people involved, and they might be
challenged through administrarve and judicial appeals.
•These approaches often destroy relationships among the
involved parties by creating winners and losers and by
fostering mistrust and hostility.
Mutual Gains Approach
The mutual gains approach:
• is based on all stakeholder interests as well as the
necessary technical informalon;
• involves stakeholders along with appointed and
elected decision makers;
• generates information relevant and salient to
stakeholders such as abutters, community leaders, and
others;
• requires strong community and public engagement
skill along with strong technical planning skills; and
•engages the public above and beyond sharing
information and views.
Mutual Gains Approach
•The mutual gains approach to preventing and resolving
land use disputes is not a single process or technique.
•It draws from the fields of negofiation, consensus building,
collaborative problem solving, alternative dispute resolution,
public participation, and public administration.
•The result is a more public, collaborative process designed
to tease out the range of interests and criteria, compare
various alternatives, and determine which of those
alternatives meet the most interests.
Framework in Resolving Overlaps Issues
Source: CARRD 2017
Conflict Resolution Strategies
CASE 1 - CCLOA Overlaps with AD
Supplementary rules: Review:
DAR A.O. No. 02, Series of 2024
Joint DAR-DENR-LRA-NCIP Administrative Order
1-2020 – Harmonises registry procedures where
CADT/CALT overlap Torrens titles.
DAR SPLIT Indigenous Peoples Policy
Framework (IPPF)
NCIP AO 1-1999 & AO 3-2012 – Operational
guidelines on delineation, titling, and dispute
resolution.
Rules on Pleading, Practice and Procedure
Before the NCIP (2014, as amended 2021).
Conflict Resolution Strategies
Land Department of Agrarian Reform National Commission on Indigenous Strategies
Conflict Peoples
CCLOA Mandate Procedural Tenure Mandate Procedural Tenure Issued Dispute
Guidelines Issued Guidelines Resolution
overlaps
with
RA 6657 A.O.No.02, CCLOA RA 8371 A.O. No.04, CADC/ TWG-LF
Ancestral Series of issued by Series of 2012 CALC-issued by (DAR SO 294
Domain 2024 DAR DENR S-2024)
recognizing the
Claims of
ICCs/IPs
CADT/ Land Projection
CALT-land titles
issued NCIP
Ground
validation &
joint land
Survey
Forging of JAO
Conflict Resolution Strategies
CASE 2 - CCLOA Overlaps with Forest Land
Some legal considerations for the overlap of land tenure between
a Collective CLOA and forest lands:
Regalian Doctrine
The state has sovereign power over public lands, including PAs,
which are classified as public lands.
Prior Rights Doctrine
This doctrine supports local people's claims to their lands and
natural resources, based on the principle of "first in time, first in
right".
Forest/protected status
Some parcels of land may overlap with forest lands due to their
protected status.
Social Assessment
A Social Assessment (SA) can be used to categorize a CCLOA
into one of several cases, including whether it overlaps with an
ancestral domain.
Conflict Resolution Strategies
Land Department of Agrarian Reform Department of Environment and Natural Strategies
Conflict Resources & FMB & LMB
CCLOA Mandate Procedural Tenure Mandate Procedural Tenure Issued Dispute
Guidelines Issued Guidelines Resolution
overlaps
with
RA 6657 A.O.No.02, CCLOA Revised DENR Free Patent TWG-LF
Forestlands Series of issued by Forestry Code ADMINISTRAT (DAR SO 294
2024 DAR (PD 705 as IVE ORDER S-2024)
amended by NO. 2004-59,
PD 1559, EO August 31,
277, RA 7161) 2004
Community Land Projection
Based Forest
Management
Agreement
Special Land Ground
Use Permit/ validation &
Agreement joint land
Survey
Forest Land Use Forging of JAO
Agreement
Conflict Resolution Strategies
CASE 3 - CCLOA Overlaps with PROTECTED AREA
RA 7586 - National Integrated Protected Areas
system Act of 1992
RA 11038 - Expanded National Integrated
Protected Areas System Act of 2018"
2 main area classifications in a protected area
1. The strict protection zone, where
nothing can be built or altered; and
2. The multiple-use zone, where certain
developments can be allowed,
Protected Areas
o Inclusion in a NIPAS proclamation
suspends or cancels private titling, subject to
“tenured migrant” exceptions.
Conflict Resolution Strategies
Land Department of Agrarian Reform Department of Environment and Natural Strategies
Conflict Resources & BMB & PAMB
CCLOA Mandate Procedural Tenure Mandate Procedural Tenure Issued Dispute
Guidelines Issued Guidelines Resolution
overlaps
with
RA 6657 A.O.No.02, CCLOA RA 7586 A.O. No.04, Protected Area TWG-LF
Protected Series of issued by RA 11038 Series of 2012 Community (DAR SO 294
Areas 2024 DAR Based Agreenent S-2024)
MC 2007- (PACBARMA)
01(MANAGEM
ENT OF
OVERLAPPING
PA, BUFFER
ZONES &AD)
Land Projection
Ground
validation &
joint land
Survey
Forging of JAO
Conflict Resolution Strategies
CASE 4 - CCLOA non-conformance with the LGU land use and zoning regulations
Supplementary rules: Review:
The Civil Code, specifically Articles 434 and 435, outlines
the rights of property owners and the remedies available
in case of encroachment. Article 434 states that the owner
of a parcel of land has the right to seek legal remedies to
remove any unauthorized structures. Article 435 further
provides that the owner may demand the demolition of the
encroaching structure and seek compensation for any
damages caused.
Local Government Code
The Local Government Code empowers local government
units (LGUs) to regulate land use and ensure compliance
with zoning laws. LGUs have the authority to enforce
building codes and ordinances that prevent encroachment
and address violations promptly. This includes the
issuance of cease and desist orders, demolition permits,
and other enforcement measures.
Conflict Resolution Strategies
Land Department of Agrarian Reform Local Government Units (Cities and Strategies
Conflict Municipalities)
CCLOA Mandate Procedural Tenure Mandate Procedural Tenure Issued Dispute
non- Guidelines Issued Guidelines Resolution
conformance
with Local RA 6657 A.O.No.02, CCLOA RA 7160 DILG MC No. Tax Declaration- TWG-LF
Land Use Series of issued by Executive 2024-084 Real property (DAR SO 294
2024 DAR Order No. 72, taxation in the S-2024)
and Zoning March 25, CBAA, Philippines
Regulations 1993 January 02, anchored mainly P/C/MLU
1996 on the Local Committees
Government
Code of 1991
(RA 7160) &
various
ordinances
enacted by
LGUs.
CLUP/Zoning
Conflict Resolution Strategies
CASE 5 - CCLOA overlaps with Other Torrens Title
Addressing Encroachment or overlaps with other Torrens
Title
When encroachment occurs, property owners have several
options to address the issue:
1.Negotiation and Mediation: Before resorting to legal action,
affected parties often try to resolve encroachment disputes
through negotiation and mediation. This approach is
encouraged to maintain good relations between neighbors and
avoid lengthy court proceedings.
2.Legal Action: If negotiation fails, property owners can file a
complaint in court. The court will then determine whether
encroachment has occurred and order appropriate remedies,
such as the removal of the encroaching structure and
Property Registration Decree (PD 1529)
compensation for damages.
governs the registration of land, establishes 3.Administrative Remedies: Property owners can also seek
procedures under the Torrens system, and assistance from local government offices. LGUs have
outlines the remedies available to registered mechanisms to handle encroachment complaints, conduct
owners. inspections, and enforce local ordinances. Administrative
remedies can be quicker and less costly than court
proceedings.
Conflict Resolution Strategies
Land Department of Agrarian Reform Land Management Bureau/ Strategies
Conflict Land Registration Authority
CCLOA Mandate Procedural Tenure Mandate Procedural Tenure Issued Dispute
Guidelines Issued Guidelines Resolution
overlaps
with other
RA 6657 A.O.No.02, CCLOA PD 1529 DOJ-LRA MC Original TWG-LF
Torrens Series of issued by IMPLEMENTI Certificate of (DAR SO 294
Title 2024 DAR Land NG Titles (OCT) S-2024)
Registration GUIDELINES Transfer
Law (Act 496) ON Certificate of
ELECTRONIC Titles
REGISTRATIO (TCT).
N OF LAND
TITLES AND
DEEDS, July
2, 2009
JAO DAR-LRA
No.01, 2024
Creation of Technial Working Group (TWG) on Land and
Forestry
The Department of Agrarian Reform (DAR) and its partner agencies
agreed to create an inter-agency Technical Working Group on Land
and Forestry composed of the:
1. Department of Agrarian Reform (DAR), as Chair and the
2. Department of Environment and Natural Resources (DENR), and
its attached agencies like the:
3. Land Management Bureau (LMB),
4. Forestry Management Bureau (FMB),
5. National Mapping Resource Information Authority (NAMRIA), as
well as,
6. National National Commission on Indigenous Peoples (NCIP),
7. Land Registration Authority (LRA)
Functions of Technial Working Group (TWG) on Land and
Forestry
Functions of the inter-agency Technical Working Group on Land and
Forestry composed of the:
1. Conduct consultation meeting on land and forestry to settle
overlapping issues in relation to parcelization of collective certificates of
land ownership awards (CCLOAs) for Support to Parcelization of Lands
for Individual Titling (SPLIT) Project.
2. Devise strategies and procedure in fasttracking the processing of
processing and approval of survey plans and issuance of e-titles for
parcelized CCLOAs
3. Pursue land projection of CCLOAs with alleged overlaps with
forestlands, protected areas and ancestral domains
Department of Agrarian Reform
The Department of Agrarian Reform is an executive
department of the Philippine government responsible
for the redistribution of agrarian land in the Philippines.
The Secretary of Agrarian Reform is the head of the
DAR.
National Commission on Indigenous Peoples
The National Commission on Indigenous Peoples is the
agency of the national government of the Philippines
that is responsible for protecting the rights of the
indigenous peoples of the Philippines.
Land Registration Authority
The Land Registration Authority (LRA) protects and implements the
Torrens System of land titling and registration. It is the central repository
of all land records involving registered or titled lands. It issues decrees of
registration pursuant to final judgment of the courts in land registration
proceedings before the issuance by a Registrar of Deeds of the
corresponding certificates of title. It is tasked to issue all subsequent or
transfer certificates of title that may either be issued judicially or
administratively and to register all deeds involving land transactions.
Department of Environment and Natural Resources
The Department of Environment and Natural Resources (DENR) is the
executive department of the Philippine government responsible for the
conservation, management, development, and proper use of the
country’s environment in natural resources, specifically forest and
grazing lands, mineral resources, including those in reservation and
watershed areas, and lands of the public domain, as well as the
licensing and regulation of all natural resources as may be provided for
by law in order to ensure equitable sharing of the benefits derived
therefrom for the welfare of the present and future generations of
Filipinos.
Land Management Bureau
The Land Management Bureau of the Department of Environment and
Natural Resources provides direction through the development of long
and medium-term strategic plans for the land sector and monitoring
and evaluation tools to ensure achievement of goals, formulate policies
for the efficient and effective administration and management of
alienable and disposable public lands and ensure compliance, and
develop land and survey standards and guidelines and ensure its
compliance.
Forest Management Bureau
The Forest Management Bureau (FMB), one of the staff bureaus of the
DENR, is the government agency responsible for providing technical
guidance to the central and field offices for the effective protection,
development, and conservation of forestlands and watersheds.
National Mapping Resource Information Authority
NAMRIA is mandated to provide the public with
mapmaking services and to act as the central
mapping agency, depository, and distribution facility
for natural resources data in the form of maps, charts,
texts, and statistics.
NAMRIA-Mapping and Geodesy Branch
Mapping and Geodesy Branch
As the sole mapping agency of the government, NAMRIA through its Mapping
and Geodesy Branch (MGB) produces, maintains, and updates base maps
that will serve as basic inputs in various development activities of the
government, the academic and scientific community, and the private sector.
• Another function is to establish and maintain a national geodetic control
network to serve as common reference for all surveying and mapping activities
in the country.
• Land Classification Surveying. These involve the classification of the country's
unclassified public forests into alienable or disposable lands, as well as the
evaluation of existing land classification projects and the verification of land
classification status.
Map Projection
Why do we use map projections?
• A geographic coordinate system is a system that uses longitude and latitude to
define locations on earth. A projected coordinate system describes how the
spherical information should be written when it is laid flat (Smith, 2020). There is no
perfect way to make a map of earth 2D, so every projected coordinate system will
have some sort of distortion.
• The Mercator projection is one of the most commonly used because when drawing
a line between two points on earth, this projection preserves straight lines, making it
useful for road maps. However, the landmasses are largely distorted as you get
farther from the equator. Conic projections, such as the Albers Equal Area Conic
projection, preserve the size and shape of landmasses in isolation, but direction,
scale, and distance all become distorted over large areas. For this reason, conic
projections are best when used for smaller areas, and not the whole globe (GIS
Geography, 2017).
Map Projection
How do we use map projections in GIS?
• In GIS, data must be projected in order to be viewed on one screen
on a computer. Sometimes, data may be in different coordinate
systems. QGIS can correct this by using an on-the-fly projection,
where QGIS automatically corrects reprojects data in one layer to
match data in another layer, even if they are in different CRSs.
• An on-the-fly projection may alter the projection for the project, but it
does not permanently change the CRS for any layers in the project.
• To permanently reproject layers, you can change the value of the
CRS for that layer, and the data will be changed (QGIS, 2024). There
are several ways to change the CRS of a data layer, but one way is to
select the globe icon on the lower right corner of the screen. From
there, you can search for different CRSs and select the one you want
to use to reproject your data layer.
Subdivision Survey and Plan Preparation
Conduct of Survey
Hire a licensed Geodetic Engineer who will conduct a
precise on-site survey of the lot.
The engineer will place and verify boundary
monuments, determine the boundaries for each
proposed subdivided lot, and prepare the necessary
technical descriptions.
Subdivision Survey and Plan Preparation
Subdivision Plan
The Geodetic Engineer prepares a Subdivision Plan
(usually drawn on standard forms recognized by
DENR-LMB) and includes:
Technical descriptions of each proposed lot.
Lot dimensions, boundaries, orientation, and
adjacent roads or easements.
Proposed roads, open spaces, or common areas if
applicable.
The engineer signs and seals the subdivision plan,
which is crucial for the next step.
Subdivision Survey and Plan Preparation
Approval from DENR/LMB (if applicable)
For raw land or large tracts, the subdivision plan may
require validation or approval by the DENR-Land
Management Bureau (or relevant DENR regional
office).
After approval, an official Subdivision Plan document,
typically stamped and approved, is issued.
Survey Monument
Survey monument is a physical marker placed by a
land surveyor to denote or reference a specific
point on a property or land line.
These markers are permanent, and each is uniquely
identified with the certificate number of the surveyor
who set it, ensuring traceability and accountability.
It serves as a fixed reference point that can be used
to re-establish the same boundary in the future.
The monument’s stability and permanence are critical
to the integrity of land records and ownership.
Survey Monument
Survey monuments are an essential component of any land surveying
project. They are physical markers placed in the ground to denote a
specific location or point of reference. Survey monuments are used
by surveyors to establish property boundaries, delineate areas of
land, and perform topographical surveys.
Accurate Land Surveying
Land surveying is the process of measuring and mapping out land and
its features. This process is essential for a wide range of applications,
including construction, engineering, and real estate development.
The accuracy of land surveying is crucial, as errors can result in
costly mistakes and legal disputes.
Survey Monument
Survey monuments play a critical role in ensuring the accuracy of
land surveying. By providing a fixed point of reference, survey
monuments allow surveyors to measure and map out land with
precision. This precision is essential for ensuring that property
boundaries are clearly defined, and that all parties involved in a
land transaction have a clear understanding of the property's
boundaries.
Protecting Property Rights
Survey monuments are also important for protecting property rights.
Property boundaries are defined by survey monuments, and
disputes over property boundaries can be costly and time-
consuming. By clearly defining property boundaries, survey
monuments help to prevent disputes and ensure that property
owners can enjoy their property without interference.
Survey Monument
In addition, survey monuments can also help to prevent
encroachments onto neighboring properties. If a property owner
knows the exact location of their property boundaries, they can
ensure that any construction or landscaping they undertake stays
within their property boundaries and does not encroach onto their
neighbor's property.
Legal Requirements
Survey monuments are often required by law in many jurisdictions. For
example, in the United States, survey monuments are required by
many states for all land surveying projects. Failure to comply with
these requirements can result in legal penalties and fines.
Survey Monument
Survey monuments are also often required for property transactions.
When buying or selling a property, a survey is typically conducted
to determine the property's boundaries and any encumbrances on
the property. The survey report will typically include information on
any survey monuments found on the property.
Conclusion
• Survey monuments are a critical component of land surveying
projects. They ensure the accuracy of land surveying, protect
property rights, and comply with legal requirements. By
understanding the importance of survey monuments, property
owners can ensure that their property is accurately surveyed and
that their property rights are protected.
Survey Monument
Example of a Survey Monument (Mohon)
PS - Private Survey/Surveyor
(Private GE practitioner
executed survey)
This is a “mohon”. It is a marker that determines the boundary of your
land property.
Survey Monument
PS - Private Survey/Surveyor (Private GE practitioner
executed survey)
BL - Bureau of Lands (Gov't executed survey)
BLLM – Bureau of Lands Location Marker
PLS - Public Land Subdivision (Gov't executed/sanctioned
survey)
GSS- Group Settlement Surveys (Gov't executed/sanctioned
survey)
AR - Agrarian Reform (Gov't executed/sanctioned survey)
Land Surveying
Land surveying is the process of measuring and mapping
out land and its features. This process is essential for a wide
range of applications, including construction, engineering,
and real estate development. The accuracy of land
surveying is crucial, as errors can result in costly mistakes
and legal disputes.
Survey Instrument
Real Time Kinematics (RTK)-GNSS (global navigation satellite system)
Real Time Kinematic (RTK)
Survey Instrument
Real-time kinematic positioning is not technology, per se, but it is a protocol that utilizes
existing GNSS (global navigation satellite system) tech in a new way to provide accuracy
within centimeters for geospatial location. RTK improves the accuracy of a GNSS roving
receiver by running a series of algorithms to correct for errors in satellite positioning.