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How Are Public Lands Classified in The Philippines

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How are public lands classified in the Philippines?

Lands of the public domain are classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the public domain may be further
classified by law according to the uses which they may be devoted. Alienable lands of the
public domain shall be limited to agricultural lands.

PRESIDENTIAL DECREE No. 1529


AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION
OF PROPERTY AND FOR OTHER PURPOSES
CHAPTER III
ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS

A. APPLICATIONS

Section 14. Who may apply. The following persons may file in the proper Court of First
Instance an application for registration of title to land, whether personally or through their
duly authorized representatives:

(1) Those who by themselves or through their predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and occupation of alienable and
disposable lands of the public domain under a bona fide claim of ownership since June
12, 1945, or earlier.

(2) Those who have acquired ownership of private lands by prescription under the
provision of existing laws.

(3) Those who have acquired ownership of private lands or abandoned river beds by right
of accession or accretion under the existing laws.

(4) Those who have acquired ownership of land in any other manner provided for by law.

Where the land is owned in common, all the co-owners shall file the application jointly.

Where the land has been sold under pacto de retro, the vendor a retro may file an
application for the original registration of the land, provided, however, that should the
period for redemption expire during the pendency of the registration proceedings and
ownership to the property consolidated in the vendee a retro, the latter shall be substituted
for the applicant and may continue the proceedings.

A trustee on behalf of his principal may apply for original registration of any land held in
trust by him, unless prohibited by the instrument creating the trust.
Section 27. Speedy hearing; reference to a referee. The trial court shall see to it that all
registration-proceedings are disposed or within ninety days from the date the case is
submitted for decision,

The Court, if it deems necessary, may refer the case or any part thereof to a referee who
shall hear the parties and their evidence, and the referee shall submit his report thereon to
the Court within fifteen days after the termination of such hearing. Hearing before a
referee may be held at any convenient place within the province or city as may be fixed
by him and after reasonable notice thereof shall have been served the parties concerned.
The court may render judgment in accordance with the report as though the facts have
been found by the judge himself: Provided, however, that the court may in its discretion
accept the report, or set it aside in whole or in part, or order the case to be recommitted
for further proceedings:

ARTICLE XII 1987 CONSTITUTION


NATIONAL ECONOMY AND PATRIMONY

Section 2. 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. The State may directly undertake such activities, or it may enter
into co-production, joint venture, or production-sharing agreements with Filipino citizens,
or corporations or associations at least sixty per centum of whose capital is owned by
such citizens. Such agreements may be for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and under such terms and conditions as
may be provided by law. In cases of water rights for irrigation, water supply fisheries, or
industrial uses other than the development of water power, beneficial use may be the
measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino
citizens, as well as cooperative fish farming, with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving
either technical or financial assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils according to the general terms
and conditions provided by law, based on real contributions to the economic growth and
general welfare of the country. In such agreements, the State shall promote the
development and use of local scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance with
this provision, within thirty days from its execution.

Section 6 and 10 CA 141 (Public Land Act)


CHAPTER II
CLASSIFICATION, DELIMITATION, AND SURVEY OF LANDS OF THE
PUBLIC DOMAIN, FOR THE CONCESSION THEREOF

SECTION 6. The President, upon the recommendation of the Secretary of Agriculture


and Commerce, shall from time to time classify the lands of the public domain into —

(a) Alienable or disposable;


(b) Timber, and
(c) Mineral lands,
and may at any time and in a like manner transfer such lands from one class to another,
for the purposes of their administration and disposition.

SECTION 7. For the purposes of the administration and disposition of alienable or


disposable public lands, the President, upon recommendation by the Secretary of
Agriculture and Commerce, shall from time to time declare what lands are open to
disposition or concession under this Act.

SECTION 8. Only those lands shall be declared open to disposition or concession which
have been officially delimited and classified and, when practicable, surveyed, and which
have not been reserved for public or quasi-public uses, nor appropriated by the
Government, nor in any manner become private property, nor those on which a private
right authorized and recognized by this Act or any other valid law may be claimed, or
which, having been reserved or appropriated, have ceased to be so However, the
President may, for reasons of public interest, declare lands of the public domain open to
disposition before the same have had their boundaries established or been surveyed, or
may, for the same reason, suspend their concession or disposition until they are again
declared open to concession or disposition by proclamation duly published or by Act of
the National Assembly.

SECTION 9. For the purpose of their administration and disposition, the lands of the
public domain alienable or open to disposition shall be classified, according to the use or
purposes to which such lands are destined, as follows:

(a) Agricultural
(b) Residential commercial industrial or for similar productive purposes
(c) Educational, charitable, or other similar purposes
(d) Reservations for town sites and for public and quasi-public uses.

The President, upon recommendation by the Secretary of Agriculture and Commerce,


shall from time to time make the classifications provided for in this section, and may, at
any time and in a similar manner, transfer lands from one class to another.
SECTION 10. The words "alienation, "'disposition, or "concession" as used in this
Act, shall mean any of the methods authorized by this Act for the acquisition, lease, use,
or benefit of the lands of the public domain other than timber or mineral lands.

REPUBLIC ACT NO. 7942 March 3, 1995


AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES
EXPLORATION, DEVELOPMENT, UTILIZATION, AND CONSERVATION
Section 3
Definition of Terms
As used in and for purposes of this Act, the following terms, whether in singular or
plural, shall mean:
a. Ancestral lands refers to all lands exclusively and actually possessed, occupied, or
utilized by indigenous cultural communities by themselves or through their
ancestors in accordance with their customs and traditions since time immemorial,
and as may be defined and delineated by law.
b. Block or meridional block means an area bounded by one-half (1/2) minute of latitude
and one-half (1/2) minute of longitude, containing approximately eighty-one hectares (81
has.).
c. Bureau means the Mines and Geosciences Bureau under the Department of
Environment and Natural Resources.
d. Carrying capacity refers to the capacity of natural and human environments to
accommodate and absorb change without experiencing conditions of instability and
attendant degradation.
e. Contiguous zone refers to water, sea bottom and substratum measured twenty-four
nautical miles (24 n.m.) seaward from the base line of the Philippine archipelago.
f. Contract area means land or body of water delineated for purposes of exploration,
development, or utilization of the minerals found therein.
g. Contractor means a qualified person acting alone or in consortium who is a party to a
mineral agreement or to a financial or technical assistance agreement.
h. Co-production agreement (CA) means an agreement entered into between the
Government and one or more contractors in accordance with Section 26(b) hereof.
i. Department means the Department of Environment and Natural Resources.
j. Development means the work undertaken to explore and prepare an ore body or a
mineral deposit for mining, including the construction of necessary infrastructure and
related facilities.
k. Director means the Director of the Mines and Geosciences Bureau.
l. Ecological profile or eco-profile refers to geographic-based instruments for planners
and decision-makers which presents an evaluation of the environmental quality and
carrying capacity of an area.
m. Environmental compliance certificate (ECC) refers to the document issued by the
government agency concerned certifying that the project under consideration will not
bring about an unacceptable environmental impact and that the proponent has complied
with the requirements of the environmental impact statement system.
n. Environmental impact statement (EIS) is the document which aims to identify, predict,
interpret, and communicate information regarding changes in environmental quality
associated with a proposed project and which examines the range of alternatives for the
objectives of the proposal and their impact on the environment.
o. Exclusive economic zone means the water, sea bottom and subsurface measured from
the baseline of the Philippine archipelago up to two hundred nautical miles (200 n.m.)
offshore.
p. Existing mining/quarrying right means a valid and subsisting mining claim or
permit or quarry permit or any mining lease contract or agreement covering a
mineralized area granted/issued under pertinent mining laws.
q. Exploration means the searching or prospecting for mineral resources by
geological, geochemical or geophysical surveys, remote sensing, test pitting,
trenching, drilling, shaft sinking, tunneling or any other means for the purpose of
determining the existence, extent, quantity and quality thereof and the feasibility of
mining them for profit.
r. Financial or technical assistance agreement means a contract involving financial or
technical assistance for large-scale exploration, development, and utilization of mineral
resources.
s. Force majeure means acts or circumstances beyond the reasonable control of contractor
including, but not limited to, war, rebellion, insurrection, riots, civil disturbance,
blockade, sabotage, embargo, strike, lockout, any dispute with surface owners and other
labor disputes, epidemic, earthquake, storm, flood or other adverse weather conditions,
explosion, fire, adverse action by government or by any instrumentality or subdivision
thereof, act of God or any public enemy and any cause that herein describe over which
the affected party has no reasonable control.
t. Foreign-owned corporation means any corporation, partnership, association, or
cooperative duly registered in accordance with law in which less than fifty per centum
(50%) of the capital is owned by Filipino citizens.
u. Government means the government of the Republic of the Philippines.
v. Gross output means the actual market value of minerals or mineral products from its
mining area as defined in the National Internal Revenue Code.
w. Indigenous cultural community means a group or tribe of indigenous Filipinos
who have continuously lived as communities on communally-bounded and defined
land since time immemorial and have succeeded in preserving, maintaining, and
sharing common bonds of languages, customs, traditions, and other distinctive
cultural traits, and as may be defined and delineated by law.
x. Joint venture agreement (JVA) means an agreement entered into between the
Government and one or more contractors in accordance with Section 26(c) hereof.
y. Mineral processing means the milling, beneficiation or upgrading of ores or minerals
and rocks or by similar means to convert the same into marketable products.
z. Mine wastes and tailings shall mean soil and rock materials from surface or
underground mining and milling operations with no economic value to the generator of
the same.
aa. Minerals refers to all naturally occurring inorganic substance in solid, gas,
liquid, or any intermediate state excluding energy materials such as coal, petroleum,
natural gas, radioactive materials, and geothermal energy.
ab. Mineral agreement means a contract between the government and a contractor,
involving mineral production-sharing agreement, co-production agreement, or
joint-venture agreement.
ac. Mineral land means any area where mineral resources are found.
ad. Mineral resource means any concentration of minerals/rocks with potential
economic value.
ae. Mining area means a portion of the contract area identified by the contractor for
purposes of development, mining, utilization, and sites for support facilities or in the
immediate vicinity of the mining operations.
af. Mining operation means mining activities involving exploration, feasibility,
development, utilization, and processing.
ag. Non-governmental organization (NGO) includes nonstock, nonprofit organizations
involved in activities dealing with resource and environmental conservation, management
and protection.
ah. Net assets refers to the property, plant and equipment as reflected in the audited
financial statement of the contractor net of depreciation, as computed for tax purposes,
excluding appraisal increase and construction in progress.
ai. Offshore means the water, sea bottom and subsurface from the shore or coastline
reckoned from the mean low tide level up to the two hundred nautical miles (200 n.m.)
exclusive economic zone including the archipelagic sea and contiguous zone.
aj. Onshore means the landward side from the mean tide elevation, including submerged
lands in lakes, rivers and creeks.
ak. Ore means a naturally occurring substance or material from which a mineral or
element can be mined and/or processed for profit.
al. Permittee means the holder of an exploration permit.
am. Pollution control and infrastructure devices refers to infrastructure, machinery,
equipment and/or improvements used for impounding, treating or neutralizing,
precipitating, filtering, conveying and cleansing mine industrial waste and tailings as well
as eliminating or reducing hazardous effects of solid particles, chemicals, liquids or other
harmful byproducts and gases emitted from any facility utilized in mining operations for
their disposal.
an. President means the President of the Republic of the Philippines.
ao. Private land refers to any land belonging to any private person which includes
alienable and disposable land being claimed by a holder, claimant, or occupant who has
already acquired a vested right thereto under the law, although the corresponding
certificate or evidence of title or patent has not been actually issued.
ap. Public land refers to lands of the public domain which have been classified as
agricultural lands and subject to management and disposition or concession under
existing laws.
aq. Qualified person means any citizen of the Philippines with capacity to contract,
or a corporation, partnership, association, or cooperative organized or authorized
for the purpose of engaging in miring, with technical and financial capability to
undertake mineral resources development and duly registered in accordance with
law at least sixty per centum (60%) of the capital of which is owned by citizens of
the Philippines: Provided, That a legally organized foreign-owned corporation shall
be deemed a qualified person for purposes of granting an exploration permit,
financial or technical assistance agreement or mineral processing permit.
ar. Quarrying means the process of extracting, removing and disposing quarry resources
found on or underneath the surface of private or public land.
as. Quarry permit means a document granted to a qualified person for the extraction and
utilization of quarry resources on public or private lands.
at. Quarry resources refers to any common rock or other mineral substances as the
Director of Mines and Geosciences Bureau may declare to be quarry resources such as,
but not limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite,
decorative stones, gabbro, granite, limestone, marble, marl, red burning clays for
potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic
cinders, and volcanic glass: Provided, That such quarry resources do not contain metals
or metallic constituents and/or other valuable minerals in economically workable
quantities: Provided, further, That non-metallic minerals such as kaolin, feldspar, bull
quartz, quartz or silica, sand and pebbles, bentonite, talc, asbestos, barite, gypsum,
bauxite, magnesite, dolomite, mica, precious and semi-precious stones, and other non-
metallic minerals that may later be discovered and which the: Director declares the same
to be of economically workable quantities, shall not be classified under the category of
quarry resources.
au. Regional director means the regional director of any mines regional office under the
Department of Environment and Natural Resources.
av. Regional office means any of the mines regional offices of the Department of
Environment and Natural Resources.
aw. Secretary means the Secretary of the Department of Environment and Natural
Resources.
ax. Special allowance refers to payment to the claim-owners or surface right-owners
particularly during the transition period from Presidential Decree No. 463 and Executive
Order No. 279, series of 1987.
ay. State means the Republic of the Philippines.
az. Utilization means the extraction or disposition of minerals.
REPUBLIC ACT NO. 7586
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS
SCOPE AND COVERAGE, AND FOR OTHER PURPOSES

Section 4. Definition of Terms – For purposes of this Act, the following terms shall
be defined as follows:

1. "National Integrated Protected Areas System (NIPAS)" is the classification and


administration of all designated protected areas to maintain essential ecological processes
and life-support systems, to preserve genetic diversity, to ensure sustainable use of
resources found therein, and to maintain their natural conditions to the greatest extent
possible;

2. "Protected Area" refers to identified portions of land and water set aside by reason of
their unique physical and biological significance, managed to enhance biological
diversity and protected against destructive human exploitation;

3. "Buffer zones" are identified areas outside the boundaries of and immediately adjacent
to designated protected areas pursuant to Section 8 that need special development control
in order to avoid or minimize harm to the protected area;

4. "Indigenous cultural community" refers to a group of people sharing common bonds of


language, customs, traditions and other distinctive cultural traits and who have since time
immemorial, occupied, possessed and utilized a territory;

5. "National park" refers to a forest reservation essentially of natural wilderness character


which has been withdrawn from settlement, occupancy or any form of exploitation except
in conformity with approved management plan and set aside as such exclusively to
conserve the area or preserve the scenery, the natural and historic objects, wild animals
and plants therein and to provide enjoyment of these features in such areas;

6. "Natural monuments" is a relatively small area focused on protection of small features


to protect or preserve nationally significant natural features on account of their special
interest or unique characteristics;

7. "Natural biotic area" is an area set aside to allow the way of life of societies living in
harmony with the environment to adapt to modern technology at their pace;

8. "Natural park" is a relatively large area not materially altered by human activity where
extractive resource uses are not allowed and maintained to protect outstanding natural
and scenic areas of national or international significance for scientific, educational and
recreational use;

9. "Protected landscapes/seascapes" are areas of national significance which are


characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment through the recreation and tourism within the normal
lifestyle and economic activity of these areas;

10. "Resource reserve" is an extensive and relatively isolated and uninhabited area
normally with difficult access designated as such to protect natural resources of the area
for future use and prevent or contain development activities that could affect the resource
pending the establishment of objectives which are based upon appropriate knowledge and
planning;

11. "Strict nature reserve" is an area possessing some outstanding ecosystem, features
and/or species of flora and fauna of national scientific importance maintained to protect
nature and maintain processes in an undisturbed state in order to have ecologically
representative examples of the natural environment available for scientific study,
environmental monitoring, education, and for the maintenance of genetic resources in a
dynamic and evolutionary state;

12. "Tenured migrant communities" are communities within protected areas which have
actually and continuously occupied such areas for five (5) years before the designation of
the same as protected areas in accordance with this Act and are solely dependent therein
for subsistence; and

13. "Wildlife sanctuary" comprises an area which assures the natural conditions
necessary to protect nationally significant species, groups of species, biotic communities
or physical features of the environment where these may require specific human
manipulations for their perpetuation.

Executive Order No. 192, s. 1987


EXECUTIVE ORDER NO. 192
PROVIDING FOR THE REORGANIZATION OF THE DEPARTMENT OF
ENVIRONMENT, ENERGY AND NATURAL RESOURCES, RENAMING IT AS
THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AND
FOR OTHER PURPOSES

SECTION 22. Attached Agencies and Corporations. The following agencies and
corporations are attached to the Department:
(a) National Mapping and Resource Information Authority. There is hereby created the
National Mapping and Resource Information Authority (NAMRIA) which shall integrate
the functions and powers of the Natural Resources Management Center (NRMC),
National Cartography Authority (NCA), the Bureau of Coast and Geodetic Survey
(BCGS), and the Land Classification Teams based at the then Bureau of Forest
Development, in accordance with Section 24 (e) hereof, which shall provide the
Department and the government with map-making services. The authority shall act as the
central mapping agency which will serve the needs of the line services of the Department
and other government offices with regard to information and researches, and shall expand
its capability in the production and maintenance of maps, charts and similar
photogrammetry and cartography materials.
The Authority shall be responsible for conducting research on remote sensing
technologies such as satellite imagery analysis, airborne multi-spectral scanning systems,
and side-looking airborne radar; provide remote sensing services and vital data on the
environment, water resources, agriculture, and other information needed by other
government agencies and the private sector; integrate all techniques of producing maps
from the ground surveys to various combinations of remote sensing techniques in a cost
effective and acceptable manner; and the integration of geographic and related
information to facilitate access to and analysis of data and its transformation into useful
information for resource policy formulation, planning and management. It shall be the
central depository and distribution facility for natural resources data in the form of maps,
statistics, text, charts, etc. store on paper, film or computer compatible media and shall
operate information services and networks to facilitate transfer, sharing, access and
dissemination of natural resource information in all regions and provinces of the country;
establishment of a nationwide geodetic network of control points that serves as a
common reference system for all surveys in the country and conduct hydrographic and
coastal surveys to produce the hydrographic and nautical charts vital to sea and water
travel as well as the exploitation of our marine resources; formulate and implement
nationwide development program on aerial photography, cartography and remote sensing
mapping activities; establish and implement technical standards and quality specifications
on map production and its reproduction; and provide photogrammetry, cartographic and
remote sensing mapping services in order to accelerate the development of a
comprehensive data bank and information systems on base maps and charts.
The NAMRIA shall be provided with policy directions by a five (5) member Board of
Governors consisting of key officers with no less than the rank of undersecretaries as
follows:
Department of Environment & Natural Resources – chairman
Department of Agriculture – member
Department of Public Works & Highways – member
Department of National Defense – member
Department of Transportation & Communications – member
The operations and management of NAMRIA shall be vested in an Administrator who
shall be assisted by three (3) Deputy Administrators. The Administrator shall sit in the
Board as its secretary.
(b) Natural Resources Development Corporation. The existing Natural Resources
Development Corporation (NRDC), shall be reorganized under the direct supervision of
the Secretary. It shall be responsible primarily for promoting natural resource
development and conservation through:
(1) Direct involvement in pioneering but potentially viable production, use, and
marketing ventures or projects using new/innovative technologies, systems, and strategies
such as but not limited to stumpage sales system, industrial forest plantations or logging
operations, rattan tissue culture; provided, however, that activities which compete with
the private sector shall be avoided except in specific cases where the revenue of NRDC
are earmarked for a specific local developmental or social service.
(2) Financing natural resource development projects undertaken by the private sector
such as establishing industrial tree plantations, agro-forestry, small scale mining and
retooling of the natural resource-based processing industries to improve their efficiency
and competitiveness; to discharge these functions effectively, it is hereby authorized to
generate funds through debt instruments from various sources, and innovative income-
generating strategies.
The NRDC shall promote the enhancement of forest renewal rate through intensified
Industrial Tree Plantation promotion including the provision of incidental services such
as extension of assistance on equity/capital, credit line/facilities, marketing and
management.
(c) The National Electrification Administration. The National Electrification
Administration (NEA) which is also attached to the Department shall be reorganized in
order that it can effectively and efficiently act and operate as the principal implementing
arm of the Department in matters of energy farming and aspects and components of
energy policies, programs and plans which can not be carried out by the private sector.
The plans and programs of NEA shall be carried out in conformity with policies defined
by appropriate energy authorities.

Republic Act No. 8371 October 29, 1997


AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF
INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLE,
CREATING A NATIONAL COMMISSION OF INDIGENOUS PEOPLE,
ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

CHAPTER I
GENERAL PROVISIONS
Section 1. Short Title. - This Act shall be known as "The Indigenous Peoples Rights Act
of 1997."

Section 2. Declaration of State Policies. - The State shall recognize and promote all the
rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder
enumerated within the framework of the Constitution:
a) The State shall recognize and promote the rights of ICCs/IPs within the framework of
national unity and development;

b)The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their
economic, social and cultural well being and shall recognize the applicability of
customary laws governing property rights or relations in determining the ownership and
extent of ancestral domain;

c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and
develop their cultures, traditions and institutions. It shall consider these rights in the
formulation of national laws and policies;

d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally
enjoy the full measure of human rights and freedoms without distinctions or
discriminations;

e) The State shall take measures, with the participation of the ICCs/IPs concerned, to
protect their rights and guarantee respect for their cultural integrity, and to ensure that
members of the ICCs/IPs benefit on an equal footing from the rights and opportunities
which national laws and regulations grant to other members of the population and

f) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs
for cultural integrity by assuring maximum ICC/IP participation in the direction of
education, health, as well as other services of ICCs/IPs, in order to render such services
more responsive to the needs and desires of these communities.

Towards these ends, the State shall institute and establish the necessary mechanisms to
enforce and guarantee the realization of these rights, taking into consideration their
customs, traditions, values, beliefs, their rights to their ancestral domains.

CHAPTER II
DEFINITION OF TERMS

Section 3. Definition of Terms. - For purposes of this Act, the following terms shall
mean:

a) Ancestral Domains - Subject to Section 56 hereof, refer to all areas generally


belonging to ICCs/IPs comprising lands,inland waters, coastal areas, and natural
resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs,
themselves or through their ancestors, communally or individually since time
immemorial, continuously to the present except when interrupted by war, force majeure
or displacement by force, deceit, stealth or as a consequence of government projects or
any other voluntary dealings entered into by government and private individuals,
corporations, and which are necessary to ensure their economic, social and cultural
welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other
lands individually owned whether alienable and disposable or otherwise, hunting
grounds, burial grounds, worship areas, bodies of water, mineral and other natural
resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from
which their traditionally had access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting
cultivators;

b) Ancestral Lands - Subject to Section 56 hereof, refers to land occupied, possessed and
utilized by individuals, families and clans who are members of the ICCs/IPs since time
immemorial, by themselves or through their predecessors-in-interest, under claims of
individual or traditional group ownership,continuously, to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth, or as a
consequence of government projects and other voluntary dealings entered into by
government and private individuals/corporations, including, but not limited to, residential
lots, rice terraces or paddies, private forests, swidden farms and tree lots;

c) Certificate of Ancestral Domain Title - refers to a title formally recognizing the rights
of possession and ownership of ICCs/IPs over their ancestral domains identified and
delineated in accordance with this law;

d) Certificate of Ancestral Lands Title - refers to a title formally recognizing the rights of
ICCs/IPs over their ancestral lands;

e) Communal Claims - refer to claims on land, resources and rights thereon, belonging to
the whole community within a defined territory

f) Customary Laws - refer to a body of written and/or unwritten rules, usages, customs
and practices traditionally and continually recognized, accepted and observed by
respective ICCs/IPs;

g) Free and Prior Informed Consent - as used in this Act shall mean the consensus of all
members of the ICCs/IPs to; be determined in accordance with their respective customary
laws and practices, free from any external manipulation, interference and coercion, and
obtained after fully disclosing the intent and scope of the activity, in a language an
process understandable to the community;

h) Indigenous Cultural Communities/Indigenous Peoples - refer to a group of people or


homogenous societies identified by self-ascription and ascription by other, who have
continuously lived as organized community on communally bounded and defined
territory, and who have, under claims of ownership since time immemorial, occupied,
possessed customs, tradition and other distinctive cultural traits, or who have, through
resistance to political, social and cultural inroads of colonization, non-indigenous
religions and culture, became historically differentiated from the majority of Filipinos.
ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of
their descent from the populations which inhabited the country, at the time of conquest or
colonization, or at the time of inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all of their own social,
economic, cultural and political institutions, but who may have been displaced from their
traditional domains or who may have resettled outside their ancestral domains;

i) Indigenous Political Structure - refer to organizational and cultural leadership systems,


institutions, relationships, patterns and processed for decision-making and participation,
identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of Timuays,
Bodong Holder, or any other tribunal or body of similar nature;

j) Individual Claims - refer to claims on land and rights thereon which have been
devolved to individuals, families and clans including, but not limited to, residential lots,
rice terraces or paddies and tree lots;

k) National Commission on Indigenous Peoples (NCIP) - refers to the office created


under this Act, which shall be under the Office of the President, and which shall be the
primary government agency responsible for the formulation and implementation of
policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs;

l) Native Title - refers to pre-conquest rights to lands and domains which, as far back as
memory reaches, have been held under a claim of private ownership by ICCs/IPs, have
never been public lands and are thus indisputably presumed to have been held that way
since before the Spanish Conquest;

m) Nongovernment Organization - refers to a private, nonprofit voluntary organization


that has been organized primarily for the delivery of various services to the ICCs/IPs and
has an established track record for effectiveness and acceptability in the community
where it serves;

n) People's Organization - refers to a private, nonprofit voluntary organization of


members of an ICC/IP which is accepted as representative of such ICCs/IPs;

o) Sustainable Traditional Resource Rights - refer to the rights of ICCs/IPs to sustainably


use,manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and
other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other
areas of economic, ceremonial and aesthetic value in accordance with their indigenous
knowledge, beliefs, systems and practices; and
p) Time Immemorial - refers to a period of time when as far back as memory can go,
certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and
utilized a defined territory devolved to them, by operation of customary law or inherited
from their ancestors, in accordance with their customs and traditions.

CHAPTER III
RIGHTS TO ANCESTRAL DOMAINS

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 area 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.

Section 6. Composition of Ancestral Lands/Domains. - Ancestral lands and domains shall


consist of all areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and
(b) of this Act.

Section 7. Rights to Ancestral Domains. - The rights of ownership and possession of


ICCs/IPs t their ancestral domains shall be recognized and protected. Such rights shall
include:

a. Rights of Ownership. - The right to claim ownership over lands, bodies of water
traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and
fishing grounds, and all improvements made by them at any time within the domains;

b. Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to
develop, control and use lands and territories traditionally occupied, owned, or used; to
manage and conserve natural resources within the territories and uphold the
responsibilities for future generations; to benefit and share the profits from allocation and
utilization of the natural resources found therein; the right to negotiate the terms and
conditions for the exploration of natural resources in the areas for the purpose of ensuring
ecological, environmental protection and the conservation measures, pursuant to national
and customary laws; the right to an informed and intelligent participation in the
formulation and implementation of any project, government or private, that will affect or
impact upon the ancestral domains and to receive just and fair compensation for any
damages which they sustain as a result of the project; and the right to effective measures
by the government to prevent any interfere with, alienation and encroachment upon these
rights;

c. Right to Stay in the Territories- The right to stay in the territory and not be removed
therefrom. No ICCs/IPs will be relocated without their free and prior informed consent,
nor through any means other than eminent domain. Where relocation is considered
necessary as an exceptional measure, such relocation shall take place only with the free
and prior informed consent of the ICCs/IPs concerned and whenever possible, they shall
be guaranteed the right to return to their ancestral domains, as soon as the grounds for
relocation cease to exist. When such return is not possible, as determined by agreement or
through appropriate procedures, ICCs/IPs shall be provided in all possible cases with
lands of quality and legal status at least equal to that of the land previously occupied by
them, suitable to provide for their present needs and future development. Persons thus
relocated shall likewise be fully compensated for any resulting loss or injury;

d. Right in Case of Displacement. - In case displacement occurs as a result of natural


catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas
where they can have temporary life support system: Provided, That the displaced
ICCs/IPs shall have the right to return to their abandoned lands until such time that the
normalcy and safety of such lands shall be determined: Provided, further, That should
their ancestral domain cease to exist and normalcy and safety of the previous settlements
are not possible, displaced ICCs/IPs shall enjoy security of tenure over lands to which
they have been resettled: Provided, furthermore, That basic services and livelihood shall
be provided to them to ensure that their needs are adequately addressed:

e. Right to Regulate Entry of Migrants. - Right to regulate the entry of migrant settlers
and organizations into the domains;

f. Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs shall have
access to integrated systems for the management of their inland waters and air space;

g. Right to Claim Parts of Reservations. - The right to claim parts of the ancestral
domains which have been reserved for various purposes, except those reserved and
intended for common and public welfare and service; and

h. Right to Resolve Conflict. - Right to resolve land conflicts in accordance with


customary laws of the area where the land is located, and only in default thereof shall the
complaints be submitted to amicable settlement and to the Courts of Justice whenever
necessary.

Section 8. Rights to Ancestral Lands. - The right of ownership and possession of the
ICCs/IPs, to their ancestral lands shall be recognized and protected.
a. Right to transfer land/property. - Such right shall include the right to transfer land or
property rights to/among members of the same ICCs/IPs, subject to customary laws and
traditions of the community concerned.

b. Right to Redemption. - In cases where it is shown that the transfer of land/property


rights by virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs
is tainted by the vitiated consent of the ICCs/IPs,or is transferred for an unconscionable
consideration or price, the transferor ICC/IP shall have the right to redeem the same
within a period not exceeding fifteen (15) years from the date of transfer.

Section 9. Responsibilities of ICCs/IPs to their Ancestral Domains. - ICCs/IPs occupying


a duly certified ancestral domain shall have the following responsibilities:

a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology in


the ancestral domain by protecting the flora and fauna, watershed areas, and other
reserves;

b. Restore Denuded Areas- To actively initiate, undertake and participate in the


reforestation of denuded areas and other development programs and projects subject to
just and reasonable remuneration; and

c. Observe Laws- To observe and comply with the provisions of this Act and the rules
and regulations for its effective implementation.

Section 10. Unauthorized and Unlawful Intrusion. - Unauthorized and unlawful intrusion
upon, or use of any portion of the ancestral domain, or any violation of the rights herein
before enumerated, shall be punishable under this law. Furthermore, the Government
shall take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs
customs or lack of understanding of laws to secure ownership, possession of land
belonging to said ICCs/IPs.

Section 11. Recognition of Ancestral Domain Rights. - The rights of ICCs/IPs to their
ancestral domains by virtue of Native Title shall be recognized and respected. Formal
recognition, when solicited by ICCs/IPs concerned, shall be embodied in a Certificate of
Ancestral Domain Title (CADT), which shall recognize the title of the concerned
ICCs/IPs over the territories identified and delineated.

Section 12. Option to Secure Certificate of Title under Commonwealth Act 141, as
amended, or the Land Registration Act 496. - Individual members of cultural
communities, with respect to individually-owned ancestral lands who, by themselves or
through their predecessors-in -interest, have been in continuous possession and
occupation of the same in the concept of owner since the immemorial or for a period of
not less than thirty (30) years immediately preceding the approval of this Act and
uncontested by the members of the same ICCs/IPs shall have the option to secure title to
their ancestral lands under the provisions of Commonwealth Act 141, as amended, or the
Land Registration Act 496.

For this purpose, said individually-owned ancestral lands, which are agricultural in
character and actually used for agricultural, residential, pasture, and tree farming
purposes, including those with a slope of eighteen percent (18%) or more, are hereby
classified as alienable and disposable agricultural lands.

The option granted under this Section shall be exercised within twenty (20) years from
the approval of this Act.

CHAPTER IV
RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT

Section 13. Self-Governance. - The State recognizes the inherent right of ICCs/IPs to
self-governance and self-determination and respects the integrity of their values, practices
and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely
pursue their economic, social and cultural development.

Section 14. Support for Autonomous Regions. - The State shall continue to strengthen
and support the autonomous regions created under the Constitution as they may require
or need. The State shall likewise encourage other ICCs/IPs not included or outside
Muslim Mindanao and the Cordillera to use the form and content of their ways of life as
may be compatible with the fundamental rights defined in the Constitution of the
Republic of the Philippines and other internationally recognized human rights.

Section 15. Justice System, Conflict Resolution Institutions and Peace Building
Processes. - The ICCs/IPs shall have the right to use their own commonly accepted
justice systems, conflict resolution institutions, peace building processes or mechanisms
and other customary laws and practices within their respective communities and as may
be compatible with the national legal system and with internationally recognized human
rights.

Section 16. Right to Participate in Decision -Making. - ICCs/IPs have the right to
participate fully, if they so choose, at all levels of decision-making in matters which may
affect their rights, lives and destinies through procedures determined by them as well as
to maintain and develop their own indigenous political structures. Consequently, the State
shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making
bodies and other local legislative councils.

Section 17. Right to Determine and Decide Priorities for Development. - The ICCs/IPs
shall have the right to determine and decide their own priorities for development
affecting their lives, beliefs, institutions, spiritual well-being, and the lands they own,
occupy or use. They shall participate in the formulation,implementation and evaluation of
policies, plans and programs for national, regional and local development which may
directly affect them.

Section 18. Tribal Barangays. - The ICCs/IPs living in contiguous areas or communities
where they form the predominant population but which are located in municipalities,
provinces or cities where they do not constitute the majority of the population, may form
or constitute a separate barangay in accordance with the Local Government Code on the
creation of tribal barangays.

Section 19. Role of Peoples Organizations. - The State shall recognize and respect the
role of independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect
their legitimate and collective interests and aspirations through peaceful and lawful
means.

Section 20. Means for Development /Empowerment of ICCs/IPs. - The Government shall
establish the means for the full development/empowerment of the ICCs/IPs own
institutions and initiatives and, where necessary, provide the resources needed therefor.

PRESIDENTIAL DECREE No. 1529


CHAPTER II
THE LAND REGISTRATION COMMISSION AND ITS REGISTRIES OF
DEEDS
Section 4. Land Registration Commission. In order to have a more efficient execution of
the laws relative to the registration of lands, geared to the massive and accelerated land
reform and social justice program of the government, there is created a commission to be
known as the Land Registration Commission under the executive supervision of the
Department of Justice.
Section 5. Officials and employees of the Commission. The Land Registration
Commission shall have a chief and an assistant chief to be known, respectively, as the
Commissioner and the Deputy Commissioner of Land Registration who shall be
appointed by the President. The Commissioner shall be duly qualified member of the
Philippine Bar with at least ten years of practice in the legal profession, and shall have
the same rank, compensation and privileges as those of a Judge of the Court of First
Instance. The Deputy Commissioner, who shall possess the same qualifications as those
required of the Commissioner, shall receive compensation which shall be three thousand
pesos per annum less than that of the Commissioner. He shall act as Commissioner of
Land Registration during the absence or disability of the Commissioner and when there is
a vacancy in the position until another person shall have been designated or appointed in
accordance with law. The Deputy Commissioner shall also perform such other functions
as the Commissioner may assign to him.
They shall be assisted by such number of division chiefs as may be necessary in the
interest of the functioning of the Commission, by a Special Assistant to the
Commissioner, and by a Chief Geodetic Engineer who shall each receive compensation
at the rate of three thousand four hundred pesos per annum less than that of the Deputy
Commissioner.
All other officials and employees of the Land Registration Commission including those
of the Registries of Deeds whose salaries are not herein provided, shall receive salaries
corresponding to the minimum of their respective upgraded ranges as provided under
paragraph 3.1 of Budget Circular No. 273, plus sixty per centum thereof across the board,
notwithstanding the maximum salary allowed for their respective civil service
eligibilities.
The salaries of officials and employees provided in this Decree shall be without prejudice
to such benefits and adjustments as may from time to time be granted by the President or
by the legislature to government employees.
All officials and employees of the Commission except Registers of Deeds shall be
appointed by the Secretary of Justice upon recommendation of the Commissioner of Land
Registration.
Section 6. General Functions.
(1) The Commissioner of Land Registration shall have the following functions:
(a) Issue decrees of registration pursuant to final judgments of the courts in land
registration proceedings and cause the issuance by the Registers of Deeds of the
corresponding certificates of title;
(b) Exercise supervision and control over all Registers of Deeds and other personnel of
the Commission;
(c) Resolve cases elevated en consulta by, or on appeal from decision of, Registers of
Deeds;
(d) Exercise executive supervision over all clerks of court and personnel of the Courts of
First Instance throughout the Philippines with respect to the discharge of their duties and
functions in relation to the registration of lands;
(e) Implement all orders, decisions, and decrees promulgated relative to the registration
of lands and issue, subject to the approval of the Secretary of Justice, all needful rules and
regulations therefor;
(f) Verify and approve subdivision, consolidation, and consolidation-subdivision survey
plans of properties titled under Act No. 496 except those covered by P.D. No. 957.
(2) The Land Registration Commission shall have the following functions:
(a) Extend speedy and effective assistance to the Department of Agrarian Reform, the
Land Bank, and other agencies in the implementation of the land reform program of the
government;
(b) Extend assistance to courts in ordinary and cadastral land registration proceedings;
(c) Be the central repository of records relative to original registration of lands titled
under the Torrens system, including subdivision and consolidation plans of titled lands.
Section 7. Office of the Register of Deeds. There shall be at least one Register of Deeds
for each province and one for each city. Every Registry with a yearly average collection
of more than sixty thousand pesos during the last three years shall have one Deputy
Register of Deeds, and every Registry with a yearly average collection of more than three
hundred thousand pesos during the last three years, shall have one Deputy Register of
Deeds and one second Deputy Register of Deeds.
The Secretary of Justice shall define the official station and territorial jurisdiction of each
Registry upon the recommendation of the Commissioner of Land Registration, with the
end in view of making every registry easily accessible to the people of the neighboring
municipalities.
The province or city shall furnish a suitable space or building for the office of the
Register of Deeds until such time as the same could be furnished out of national funds.
Section 8. Appointment of Registers of Deeds and their Deputies and other subordinate
personnel; salaries. Registers of Deeds shall be appointed by the President of the
Philippines upon recommendation of the Secretary of Justice. Deputy Registers of Deeds
and all other subordinate personnel of the Registries of Deeds shall be appointed by the
Secretary of Justice upon the recommendation of the Commissioner of Land Registration.
The salaries of Registers of Deeds and their Deputies shall be at the following rates:
(1) First Class Registries The salaries of Registers of Deeds in first class Registries shall
be three thousand four hundred pesos per annum less than that of the Deputy
Commissioner.
(2) Second Class Registries The salaries of Registers of Deeds in second class Registries
shall be three thousand four hundred pesos per annum less than those of Registers of
Deeds in first class Registries.
(3) Third Class Registries The salaries of Registers of Deeds in third class Registries shall
be three thousand four hundred pesos per annum less than those of Registers of Deeds in
second class Registries.
(4) The salaries of Deputy Registers of Deeds and Second Deputy Registers of Deeds
shall be three thousand four hundred pesos per annum less than those of their
corresponding Registers of Deeds and Deputy Registers of Deeds, respectively.
The Secretary of Justice, upon recommendation of the Commissioner of Land
Registration, shall cause the reclassification of Registries based either on work load or the
class of province/city, whichever will result in a higher classification, for purposes of
salary adjustments in accordance with the rates hereinabove provided.
Section 9. Qualifications of Registers of Deeds and Deputy Registers of Deeds. No
person shall be appointed Register of Deeds unless he has been admitted to the practice
of law in the Philippines and shall have been actually engaged in such practice for at least
three years or has been employed for a like period in any branch of government the
functions of which include the registration of property.
The Deputy Register of Deeds shall be a member of the Philippine Bar. Provided,
however, that no Register of Deeds or Deputy Register of Deeds holding office as such
upon the passage of this Decree shall by reason hereof, be removed from office or be
demoted to a lower category or scale of salary except for cause and upon compliance
with due process as provided for by law.
Section 10. General functions of Registers of Deeds. The office of the Register of Deeds
constitutes a public repository of records of instruments affecting registered or
unregistered lands and chattel mortgages in the province or city wherein such office is
situated.
It shall be the duty of the Register of Deeds to immediately register an instrument
presented for registration dealing with real or personal property which complies with all
the requisites for registration. He shall see to it that said instrument bears the proper
documentary and science stamps and that the same are properly canceled. If the
instrument is not registerable, he shall forthwith deny registration thereof and inform the
presentor of such denial in writing, stating the ground or reason therefor, and advising
him of his right to appeal by consulta in accordance with Section 117 of this Decree.
Section 11. Discharge of duties of Register of Deeds in case of vacancy, etc.
(1) Until a regular Register of Deeds shall have been appointed for a province or city, or
in case of vacancy in the office, or upon the occasion of the absence, illness, suspension,
or inability of the Register of Deeds to discharge his duties, said duties shall be
performed by the following officials, in the order in which they are mentioned below,
unless the Secretary of Justice designates another official to act temporarily in his place:
(a) For the province or city where there is a Deputy Register of Deeds, by said Deputy
Register of Deeds, or by the second Deputy Register of Deeds, should there be one;
(b) For the province or city where there is no Deputy or second Deputy Register of
Deeds, by the Provincial or City Fiscal, or any Assistant Fiscal designated by the
Provincial or City Fiscal;
(2) In case of absence, disability or suspension of the Register of Deeds without pay, or in
case of vacancy in the position, the Secretary of Justice may, in his discretion, authorize
the payment of an additional compensation to the official acting as Register of Deeds,
such additional compensation together with his actual salary not to exceed the salary
authorized for the position thus filled by him.
(3) In case of a newly-created province or city and pending establishment of a Registry of
Deeds and the appointment of a regular Register of Deeds for the new province or city,
the Register of Deeds of the mother province or city shall be the ex-officio Register of
Deeds for said new province or city.
Section 12. Owner's Index; reports. There shall be prepared in every Registry an index
system which shall contain the names of all registered owners alphabetically arranged.
For this purpose, an index card which shall be prepared in the name of each registered
owner which shall contain a list of all lands registered in his name.
The Register of Deeds shall submit to the Land Registration Commission within ten days
after the month to which they pertain his monthly reports on collections and
accomplishments. He shall also submit to the Commission at the end of December of
each year, an annual inventory of all titles and instruments in his Registry.
Section 13. Chief Geodetic Engineer. There shall be a Chief Geodetic Engineer in the
Land Registration Commission who shall be the technical adviser of the Commission on
all matters involving surveys and shall be responsible to him for all plats, plans and
works requiring the services of a geodetic engineer in said office. He shall perform such
other functions as may, from time to time, be assigned to him by the Commissioner.

PRESIDENTIAL DECREE No. 1529


AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION
OF PROPERTY AND FOR OTHER PURPOSES
CHAPTER III
ORIGINAL REGISTRATION
CADASTRAL REGISTRATION PROCEEDINGS

A. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION; SURVEY;


NOTICES

Section 35. Cadastral Survey preparatory to filing of petition.

(a) When in the opinion of the President of the Philippines public interest so requires that
title to any unregistered lands be settled and adjudicated, he may to this end direct and
order the Director of Lands to cause to be made a cadastral survey of the lands involved
and the plans and technical description thereof prepared in due form.

(b) Thereupon, the Director of Lands shall give notice to persons claiming any interest in
the lands as well as to the general public, of the day on which such survey will begin,
giving as fully and accurately as possible the description of the lands to be surveyed.
Such notice shall be punished once in the Official Gazette, and a copy of the notice in
English or the national language shall be posted in a conspicuous place on the bulletin
board of the municipal building of the municipality in which the lands or any portion
thereof is situated. A copy of the notice shall also be sent to the mayor of such
municipality as well as to the barangay captain and likewise to the Sangguniang
Panlalawigan and the Sangguniang Bayan concerned.

(c) The Geodetic Engineers or other employees of the Bureau of Lands in charge of the
survey shall give notice reasonably in advance of the date on which the survey of any
portion of such lands is to begin, which notice shall be posted in the bulletin board of the
municipal building of the municipality or barrio in which the lands are situated, and shall
mark the boundaries of the lands by monuments set up in proper places thereon. It shall
be lawful for such Geodetic Engineers and other employees to enter upon the lands
whenever necessary for the purposes of such survey or the placing of monuments.

(d) It shall be the duty of every person claiming an interest in the lands to be surveyed, or
in any parcel thereof, to communicate with the Geodetic Engineer upon his request
therefor all information possessed by such person concerning the boundary lines of any
lands to which he claims title or in which he claims any interest.
(e) Any person who shall willfully obstruct the making of any survey undertaken by the
Bureau of Lands or by a licensed Geodetic Engineer duly authorized to conduct the
survey under this Section, or shall maliciously interfere with the placing of any
monument or remove such monument, or shall destroy or remove any notice of survey
posted on the land pursuant to law, shall be punished by a fine of not more than one
thousand pesos or by imprisonment for not more than one year, or both.

B. PETITION; LOT NUMBERS

Section 36. Petition for registration. When the lands have been surveyed or plotted, the
Director of Lands, represented by the Solicitor General, shall institute original
registration proceedings by filing the necessary petition in the Court of First Instance of
the place where the land is situated against the holders, claimants, possessors, or
occupants of such lands or any part thereof, stating in substance that public interest
requires that the title to such lands be settled and adjudicated and praying that such titles
be so settled and adjudicated:

The petition shall contain a description of the lands and shall be accompanied by a plan
thereof, and may contain such other data as may serve to furnish full notice to the
occupants of the lands and to all persons who may claim any right or interest therein.

Where the land consists of two or more parcels held or occupied by different persons, the
plan shall indicate the boundaries or limits of the various parcels as accurately as
possible. The parcels shall be known as "lots" and shall on the plan filed in the case be
given separate numbers by the Director of Lands, which numbers shall be known as
"cadastral lot numbers". The lots situated within each municipality shall, as far as
practicable, be numbered consecutively beginning with number "one", and only one
series of numbers shall be used for that purpose in each municipality. However in cities
or townsites, a designation of the landholdings by blocks and lot numbers may be
employed instead of the designation by cadastral lot numbers.

The cadastral number of a lot shall not be changed after final decision has been entered
decreasing the registration thereof, except by order of court. Future subdivisions of any
lot shall be designated by a letter or letters of the alphabet added to the cadastral number
of the lot to which the respective subdivisions pertain. The letter with which a
subdivision is designated shall be known as its "cadastral letter": Provided, however, that
the subdivisions of cities or townsites may be designated by blocks and lot numbers.

C. ANSWER

Section 37. Answer to petition in cadastral proceedings. Any claimant in cadastral


proceedings, whether named in the notice or not, shall appear before the court by himself
or by some other authorized person in his behalf, and shall file an answer on or before the
date of initial hearing or within such further time as may be allowed by the court. The
answer shall be signed and sworn to by the claimant or by some other authorized person
in his behalf, and shall state whether the claimant is married or unmarried, and if married,
the name of the spouse and the date of marriage, his nationality, residence and postal
address, and shall also contain:

(a) The age of the claimant;

(b) The cadastral number of the lot or lots claimed, as appearing on the plan filed in the
case by the Director of Lands, or the block and lot numbers, as the case may be;

(c) The name of the barrio and municipality in which the lots are situated;

(d) The names and addresses of the owners of the adjoining lots so far as known to the
claimant;

(e) If the claimant is in possession of the lots claimed and can show no express grant of
the land by the government to him or to his predecessors-in-interest, the answer shall
state the length of time he has held such possession and the manner in which it has been
acquired, and shall also state the length of time, as far as known, during which the
predecessors, if any, held possession;

(f) If the claimant is not in possession or occupation of the land, the answer shall fully set
forth the interest claimed by him and the time and manner of his acquisition;

(g) if the lots have been assessed for taxation, their last assessed value; and

(h) The encumbrances, if any, affecting the lots and the names of adverse claimants, as
far as known.

D. HEARING; JUDGMENT; DECREE

Section 38. Hearing, Judgment, Decree. The trial of the case may occur at any convenient
place within the province in which the lands are situated and shall be conducted, and
orders for default and confessions entered, in the same manner as in ordinary land
registration proceedings and shall be governed by the same rules. All conflicting interests
shall be adjudicated by the court and decrees awarded in favor of the persons entitled to
the lands or to parts thereof and such decrees shall be the basis for issuance of original
certificates of title in favor of said persons and shall have the same effect as certificates of
title granted on application for registration of land under ordinary land registration
proceedings.

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