GE Board Exam 2024 Laws, Rules, and Regulations PDF

02/07/2024 GE BOARD EXAM 2024 LAWS, RULES AND REGULATIONS Atty. Vanessa Torno, GE REVIEW TIPS  It is easier to remember something that you wrote down ...

02/07/2024 GE BOARD EXAM 2024 LAWS, RULES AND REGULATIONS Atty. Vanessa Torno, GE REVIEW TIPS  It is easier to remember something that you wrote down  Start simple  It is ok to unwind at least once a week during the review period  If you can explain concepts to your classmates, it means you understand them  Help each other learn (Warning: this class is text-heavy) 1  02/07/2024 Laws, Rules and Regulations General Coverage 1. Public land laws and natural resources 2. Laws on property 3. Land reform laws 4. Land registration laws 5. Obligations and contracts 6. Professional and ethical practice 7. Rules and regulations governing land surveying GE Law Topics  EO 229 Mechanism for the Implementation of the CARP  PD 27 Tenant Emancipation Decree  PD 461 Creation of the Department of Natural Resources  PD 957 Subdivision and Condominium Buyers’ Protective Decree  PD 1067 Water Code of the Philippines  PD 1216 Redefining the Open Space in Residential Areas to 30%  PD 1529 Property Registration Decree  RA 386 Civil Code of the Philippines - Property  Act No. 496 Land Registration Act  RA 4374 Geodetic Engineering Law  RA 4726 Condominium Act  RA 6389 Code of the Agrarian Reforms of the Philippines  RA 6657 Comprehensive Agrarian Reform Law of 1988  RA 8560 Philippine Geodetic Engineering Act of 1998  BP 220 Economic and Socialized Housing Project 2  02/07/2024 GE Law Topics  BP 344 Accessibility Law  CA 141 Public Land Act  CA 310 Punishes transfer of private agri lands to disqualified people  EO 129 Reorganization of DAR and other purposes  EO 228 Declaring full land ownership to qualified farmer covered by PD 27  EO 355 Land Settlement and Development Corporation (LASEDECO)  EO 405 Vesting Land Bank the responsibility of all lands under RA 6657  EO 407 Accelerates distribution of suitable agricultural lands in public domain  PD 2 Proclaiming entire Philippines as Land Reform Area  PD 223 Act creating the Professional Regulatory Commission  PD 266 Providing the mechanics of registering titles under PD 27  PD 424 Creation of the National Water Resources Council (NWRC)  PD 463 Mineral Resources Development Decree  PD 704 Fisheries Code of the Philippines  PD 705 Revised Forestry Code of the Philippines GE Law Topics  PD 757 Creation of the National Housing Authority  PD 892 Discontinuance of the Spanish Mortgage Law on Registration of Titles  PD 972 Coal Development Act of 1976  PD 1151 Philippine Environmental Policy  PD 1152 Environmental Code of the Philippines  PD 1308 Law regulating the practice of Environmental Planning Profession  PD 1517 Urban Land Reform of the Philippines  PD 1899 Implementation of the Small Scale Mining in the Philippines  RA 26 Reconstitution of Torrens Certificate  RA 274 Subdivision and Sale of Idle Lands  RA 387 Petroleum Act of 1949  RA 456 Prohibits registration of delinquent documents affecting real property  RA 1160 Creation of the National Resettlement and Rehabilitation Administration (NARRA)  RA 1191 Relations between landholders and tenant of agricultural lands  RA 1199 Agricultural Tenancy of the Philippines 3  02/07/2024 GE Law Topics  RA 1400 Land Reform Act of 1955  Act No. 1508 Chattel Mortgage Law  RA7586 NIPAS  RA 1899 Reclamation of foreshore lands by cities and municipalities  RA 2056 Identification of the navigability of water resources like rivers  Act No. 2259 Cadastral Act  RA 3038 Authorizes the Secretary of Agriculture to sell or lease lands  RA 3512 Creation of the Philippine Fisheries Commission  RA 3601 Creation of National Irrigation Administration on June 1963  RA 3844 Agricultural Land Reform Code of 1963  Act No. 4054 Rice Share Tenancy Act  RA 6541 National Building Code  RA 6552 Realty Instalment Protection Act (Maceda Law)  RA 7076 Small Scale Mining Program Act  RA 7160 Local Government Code GE Law Topics  RA 7279 Urban Development and Housing Act of 1992  RA 7652 Investors’ Lease Act  RA 7942 Philippine Mining Act of 1995  RA 8368 Repealed the law criminalizing squatting  RA 8371 Indigenous People Rights Act of 1997 (IPRA Law)  RA 8435 Agricultural and Fisheries Modernization Act of 1997 (AFMA)  RA 8550 Philippine Fisheries Code of 1998  RA 9072 National caves and cave resources management and protection act  RA 9635 Rent Control Law  RA 10023 Issuance of Free Patents to Residential Lands  RA 9003 Ecological Solid Waste Management Act of 2000  RA 9175 Chain Saw Act of 2002  RA 11573 Amendments to CA 141 and PD 1529  Other laws that appeared in last year’s board exams? 4  02/07/2024 History  December 5, 1929, Public Act No. 3626 was passed into law providing for a Board of Examiners for Surveyors. The Board : Vicente Mills - Chairman Demetrio Andres, Antonio Manahan, Juan Coronado, and Ambrosio Zamora – Members Board administered three kinds of examinations – for private land, cadastral land, and mineral land surveyor History  Pursuant to the Reorganization Law of 1932, the Board was placed under the stewardship of the Bureau of Civil Service. The Board then: Vicente Mills - Chairman Juan Coronado and Raymundo Kagahastian - Members GE was not recognized as a profession until the enactment of RA 4374 on June 19, 1965. 5  02/07/2024 What does a GE do?  Geodetic Engineers provide information to guide the work of other engineers, architects, urban and regional planners, geologists, and developers. They typically measure distances and angles between points on, above, and below the Earth’s surface. They go to survey sites and locate reference points or “mojon” and utilize them to determine the position of specific features. They examine land records, survey records, and land titles and validate them if they are up to date and accurate on the ground. They record data from field surveys and verify its accuracy, from which they prepare plots, maps, and reports that will be presented to clients and government agencies. They also provide spatial data to assess the surrounding terrain and landscape, as well as the shape and contour of the Earth’s surface for the purpose of development in engineering, mapmaking, and construction projects. Geodetic Engineers establish official land and water boundaries for deeds, leases, and other legal documents and testify in court regarding survey work.  https://lphlandsurveying.com/geodetic-engineers-and-what-they-do/ RA 4374 GEODETIC ENGINEERING LAW (Approved: 19 June 1965)  An act to regulate the practice of Geodetic Engineering in the Philippines  “Surveyors” to “Geodetic Engineers”  Board of Examiners for Geodetic Engineer - Chairman and two Members, all appointed by the President of the Philippines Term of Office: Chairman - 3 years one member - 2 years one member for 1 year. 6  02/07/2024 RA 4374 GEODETIC ENGINEERING LAW (Approved: 19 June 1965)  Qualifications of Board Members: Citizen and resident of the Philippines; At least 31 years of age and of good moral character; Registered geodetic engineer In active practice of the GE or Surveying profession for at least 10 years in or outside of the government service; Not a member of the faculty of any school, institute, college or university where a regular course in GE or Surveying is taught, or if he has been a faculty member, he has stopped teaching therein for at least 3 consecutive years, immediately preceding appointment; Not pecuniary interested, directly or indirectly, in any school, institute, college or university where a regular course in GE is taught. RA 4374 GEODETIC ENGINEERING LAW  Inhibition against practice of Geodetic Engineering - Should hold a valid certificate of registration as geodetic engineer issued by the board. - What a non-registered GE cannot do: (a) Perform professional services as geodetic engineer; or (b) Survey and prepare plan of land for registration in the registry of property without a registered GE’s supervision; or (c) Undertake any work in which a transit, theodolite, and/or tape is used, for purposes of property registration; (d) Survey and prepare topographic, hydrographic and economic maps for social, economic and engineering studies or planning; or (e) Be engaged as instructor or professor in a technical subject in any geodetic engineering course in any school or college; provided, that this provision shall not apply to military or nautical schools. 7  02/07/2024 RA 4374 GEODETIC ENGINEERING LAW Examination All applicants for registration for the practice of geodetic engineering shall undergo a technical examination. Qualifications of Applicant: a. Filipino citizen or a foreigner qualified to take the examination (Foreign Reciprocity for foreigner) b. At least 21 years old c. In good health and of good moral character d. Holder of degree of BS Geodetic Engineering from any school, institute, college or university recognized by the Government. RA 4374 GEODETIC ENGINEERING LAW Scope of examination: Mathematics Theory and practical problems in surveying Cartography Laws on property and registration of title Geodesy Other subjects prescribed by the Board Ratings in examination: To pass, the examinee must obtain a general average of 70%, with no rating below 50% in any subject. An applicant who fails to obtain a passing average rating but who obtained at least 70% in each of at least a half of the total subjects given in the examination, may be permitted to take within two years from the date of his first examination, another examination on the subjects in which he obtain a grade below 70%. If the examinee fails in the set of subjects repeated, he shall be required to take all the subjects in the next examination. 8  02/07/2024 RA 4374 GEODETIC ENGINEERING LAW  PD 202: Qualification for Junior GE Examination: - a to c - an Associate in Surveying or third year in GE course or fourth year CE course with credits for: Laws on Natural Resources, Land Registration and Property, Land Reform Laws, Land Property Surveys, Photogrammetry and Cartography from any recognized school, college or university.  However in the year 1998, this republic act is repealed by the Philippine Geodetic Engineering Act of 1998 RA 8560 PHILIPPINE GEODETIC ENGINEERING ACT OF 1998  Amended by RA 9200 March 2003 – RA 9200: Indication of Certificate of Registration Number and PTR. (RA 8560: Indication of License and PTR - Under RA 8560, no more Junior GE examination; Junior GEs may still practice within 5 years within which they shall be required to finish BS GE course, the completion of which shall qualify them to take the GE licensure exam. 9  02/07/2024 RA 8560 PHILIPPINE GEODETIC ENGINEERING ACT OF 1998 - Under RA 9200 - Registration Without Examination. - - All incumbent Junior GEs shall be issued a certificate of registration and a professional identification card without examination provided that they have been in active practice of GE for at least 3 years and are holders of degrees in BS GE, or are holders of degrees in BS CE, or are Associates in GE or are Associates in Surveying. Junior GEs who qualify for upgrading to GE without examination shall file their application for upgrading within 3 years from the effectivity of this Act. RA 8560 (As amended by RA 9200)  Practice of Geodetic Engineering - Professional and organized act of gathering physical data on the surface of the earth with the use of precision instruments; scientific and methodical processing of these data and presenting them on groups, plans, maps, charts or documents.  Geodetic Engineer A natural person who has been issued a certificate of registration by the Board of Geodetic Engineers and has taken the Oath of Profession of GE. 10  02/07/2024 RA 8560 (As amended by RA 9200) The BOARD of Geodetic Engineering Headed by a Chairman and two other Board Members appointed by the President, chosen from a list of 3 recommendees for each position. Qualifications: must be a natural born Filipino citizen at least 40 years of age a registered GE who practices for more than 10 years prior to appointment must not be a member of faculty of any school, academy, institute, college or university where a regular course in GE is being taught must not be connected with a review center or with any group or association where review classes or lectures in preparation for the licensure examination for a period of 3 consecutive years prior to appointment. must not have been convicted of any offense involving moral turpitude RA 8560 (As amended by RA 9200) According to jurisprudence: The following is a list, not necessarily complete, of the crimes adjudged to involve moral turpitude: 1. Perjury 11. Theft 2. Bigamy 12. Violation of BP 22 3. Concubinage 13. Intriguing against honor 4. Smuggling 14. Forgery 5. Rape 15. Frustrated Homicide 6. Estafa through falsification of a document 7. Attempted Bribery 16. Estafa 8. Direct Bribery 9. Robbery 10. Murder (consummated or attempted) 11  02/07/2024 RA 8560 (As amended by RA 9200) Zari v. Flores is one case that has provided jurisprudence its own list of crimes involving moral turpitude, namely: adultery, concubinage, rape, arson, evasion of income tax, barratry, bigamy, blackmail, bribery, criminal conspiracy to smuggle opium, dueling, embezzlement, extortion, forgery, libel, making fraudulent proof of loss on insurance contract, murder, mutilation of public records, fabrication of evidence, offenses against pension laws, perjury, seduction under the promise of marriage, estafa, falsification of public document, and estafa thru falsification of public document. RA 8560 (As amended by RA 9200) The following is a list, not necessarily complete, of the crimes adjudged NOT to involve moral turpitude: 1. Minor transgressions of the law (i.e., conviction for speeding) 2. Illegal recruitment 3. Slight physical injuries and carrying of deadly weapon (Illegal possession of firearms) 4. Indirect Contempt 12  02/07/2024 RA 8560 (As amended by RA 9200) TERM OF OFFICE: First set of board Members – one shall serve for 3 years, the other for 2 years and the third for 1 year. Afterwards, members to hold office for 3 years; may be reappointed for another term but shall not serve continuously for more than 6 years. LICENSURE EXAMINATION All applicants for registration for the practice of GE are required to take and pass a written technical examination. Qualifications of Applicant for Examination Filipino citizen A graduate of BSGE in a school, academy, institute or college duly recognized by the Government RA 8560 (As amended by RA 9200) Scope of Examination (1) Mathematics; (2) Theory and Practice of Surveying; (3) Property Surveying including Isolated, Cadastral, Mineral and Mining Surveys; (4) Cartography and Photogrammetry; (5) Geodesy, Geodetic Surveying and Least Squares; (6) Engineering Surveys and Construction Surveying; (7) Laws on Natural Resources including Laws on Property, Land Registration and Agrarian Reform; (8) Laws on Obligations and Contracts; (9) Code of Ethics of the Profession. 13  02/07/2024 RA 8560 (As amended by RA 9200) Rating in Board Exams - To pass the board exam, an examinee should have a general weighted average of 70%. There should be no grades lower than 55%. If the average is 70% but the examinee got a grade less than 55% in one or more subjects, he must take another examination in such subject or subjects where he obtained a grade below 55%. - When an examinee failed the board exam thrice, he will be suspended from taking the board exam and will only be allowed after a year has lapsed. RA 8560 (As amended by RA 9200)  Oath and Licensure The Board shall submit to the Commission the rating obtained by each candidate within 20 days after the examination. All successful candidates shall be required to take an OATH OF PROFESSION before the Board or any government official authorized to administer oaths before practicing the profession. A Certificate of Registration and a professional license shall be issued to successful examinees subject to payment of Registration fees. The licensee is then entitled to practice the GE profession and enjoy the privileges included therein until the expiration of the validity of his license. 14  02/07/2024 RA 8560 (As amended by RA 9200) GE SEAL: Upon registration, each registrant shall obtain a seal with same design as the Board of Geodetic Engineering seal. All plans and specifications prepared by a registered GE shall be stamped with this seal during the validity of the professional license. Sample: RA 8560 (As amended by RA 9200) Grounds for suspension and revocation of license, cancellation of temporary/special permit: Use or perpetration of any fraud or deceit in obtaining Certificate of Registration Incompetence Negligence Abetment of illegal practice of GE Violation of the provisions of the GE act and its IRR Violation of policies of the board including the Code of Ethics for GE. 15  02/07/2024 RA 8560 (As amended by RA 9200)  In case of suspension/revocation/cancellation of license/permit - appeal to the Commission can be performed within 15 days from written notice.  FOREIGN REPROCITY No foreign GE shall be issued a temporary license to practice the GE profession unless the country of which he is a subject or citizen specifically permits Filipino GE to practice within its territorial limits on the same basis as the subjects or citizens of such foreign state or country. RA 8560 (As amended by RA 9200)  National Organization of GE Profession A Geodetic Engineer should be part of one national organization recognized by the Board and by the Commission, the Association of Professional Geodetic Engineers presently Geodetic Engineers of the Philippines Inc. 16  02/07/2024 Revised Guidelines and Procedure in the Filing and Processing of Applications for Licensure Examination of Repeater Examinees/Applicants  PRC Resolution No. 2020-1267 (s.2020), August 28, 2020 1. Repeater examinees who took the licensure examinations from June 2018 and onwards shall no longer be required to personally file their applications and submit copies of Transcript of Records and NSO Birth Certificates in PRC Regional Offices and PRC Service/Offsite Centers; 2. Upon online submission of application for licensure examination and payment of examination fee through the duly accredited payment channels, the repeater examinee/applicant shall print the system-generated Notice of Admission (NOA) which shall be presented to the examination personnel/supervisor on the day/s of the licensure examination; Please see step-by-step procedure in filing online examination application without appointment (for repeaters); 3. Scanned copies of other documents required by respective regulatory laws, such as certificate of completion of refresher course, NBI/Police clearance, good moral certificate, and regional trial court clearances shall be submitted through the official email address of the concerned Regional Office/Service Center. Non- submission or failure to submit the required documents within seven (7) days upon online issuance of NOA shall cause the cancellation of said application for licensure examination; 4. Original/photocopies of said documentary requirements shall be submitted personally during the initial registration when they passed the licensure examination; 5. System-generated Seat Plan compared with the NOA will be the basis of the examinee’s identity during the licensure examination. 17  02/07/2024 Excerpts from Code of Ethics: Code of Ethical and Professional Standards for Geodetic Engineers (BGE, Board Resolution No. 03, Series of 2003, April 30, 2003) A geodetic engineer or a junior geodetic engineer shall: a) In all HUMILITY, always recognize the CREATOR as the source of the Light that illuminates his professional path and the Force that leads to the attainment of his objective b) Always be possessed with the highest standards of INTEGRITY, HONESTY and COMPETENCE in rendering professional service to his client. Excerpts from Code of Ethics: INTEGRITY, HONESTY and COMPETENCE It will be considered unethical for him (the GE or Junior GE) to: 1- Act for his client or employer in professional matters other than as faithful agent or trustee; 2- Charge his client or employer any remuneration other than his stated professional charges for services rendered or to be rendered in accordance with their contract of services; 3- Take advantage for a fee of his authority to practice as GE or junior GE in the execution of geodetic engineering work not done by him personally or executed under his direct supervision; 4- Take advantage of the ignorance, credulity, or confidence of his clients or employers and other persons with whom he deals; 5- Act in any manner or engage in any practice which will tend to discredit the honor and dignity of the geodetic engineering profession. 18  02/07/2024 Excerpts from Code of Ethics: FAIR It will be considered unethical for him to: 1- Cause injury maliciously, directly or indirectly to the good name, the professional reputation, prospect or business of another GE or junior GE; 2- Attempt to supplant another GE or junior GE after definite steps have already been taken towards the latter's employment; 3- Underbid another GE or junior GE by reducing his usual rate after knowing the rate offered by the other GE or junior GE; 4- Advertise in self-laudatory language, or in other manner derogatory to the dignity of the profession; 5- Hire the employee or employees of a fellow GE or junior GE without the prior knowledge or consent of the latter; Excerpts from Code of Ethics: FAIR It will be considered unethical for him to: 6- Review the work of another GE or junior GE for the same client except with the knowledge and consent of said GE or junior GE or unless the contract of said GE or junior GE with said client has been terminated formally; 7- Criticize publicly a GE or junior GE in connection with a job he has done; 8- To use the advantages of being a salaried employee to compete unfairly with the GEs or junior GEs in private practice. 19  02/07/2024 Excerpts from Code of Ethics: LAW-ABIDING It will be considered unethical for him to: 1- Practice the profession without a valid license/registration from the PRC and without paying the privilege tax to the government agency concerned; 2- Join in his professional capacity a firm, partnership, association or corporation which represents itself as a geodetic engineering entity, but actually, is not authorized under the law. 3- Refuse to serve in his professional capacity when required by the State in cases under litigation whether administratively or judicially, or in cases of national emergency; 4- Give false testimony in administrative or judicial proceedings; Excerpts from Code of Ethics: LAW-ABIDING It will be considered unethical for him to: 5- Undertake a job for which he is not qualified under the law, e.g. a junior GE executing a survey in excess of the limits allowed by law or regulations; 6- Refuse or neglect to report to the authorities concerned erroneous surveys discovered in the course of undertaking his job; 7- Refuse or neglect to pay his workers and employees just wages agreed upon and to provide benefits mandated by law; 8- Engage in/or Render service to, or work with, any person or entity involved in illegal or unlawful activities. 20  02/07/2024 Excerpts from Code of Ethics: Participate in IMPROVING and ELEVATING the STANDARDS of the profession by exchanging relevant information and experience... Be Enthusiastic and devoting in imbuing ESPRIT DE CORPS... SOCIAL RESPONSIBILITY... Excerpts from Code of Ethics: Violation of the Code shall be dealt with pursuant to Section 22, Article IV of RA 8650 Section 22. Grounds for suspension and revocation of license, cancellation of temporary/special permit. - The Board shall have the power, upon due notice and hearing, to revoke or suspend the license of a Geodetic Engineer, or to cancel a temporary/special permit for any cause specified in the proceeding section, including but not limited to: the use or perpetration of any fraud or deceit in obtaining a certificate of registration, or for incompetence, negligence, or for abetment of the illegal practice of Geodetic Engineering; violation of the provisions of this Act, its implementing rules and regulations and/or violation of the policies of the Board including the Code of Ethics for Geodetic Engineers: Provided, however, That such action of the Board shall be subject to appeal to the Commission, within fifteen (15) days from written notice. 21  02/07/2024 Geodetic Engineers of the Philippines (GEP) From PRC website: Address: 43 Mariveles St., Sta. Mesa Heights, Quezon City Email address: [email protected] President: Engr. Mario Jose O. Silvino Resolution No. 03 (5/5/2022) Expiration of accreditation: 5/27/2025 The first organization of geodetic engineers was the Asociacion de Agrimensore which was renamed Philippine Association of Surveyors and later Land Surveyors Association of the Philippines. The Geodetic Engineers of the Philippines (GEP) evolved from the integration of different surveying associations in 1965. Geodetic Engineers of the Philippines (GEP) “That same year, Republic Act No. 4374 otherwise known as the “Geodetic Engineering Law” was enacted. The GEP seeks to ensure that the Geodetic Engineering profession is composed of technically competent engineers with a high degree of integrity, moral standards and professionalism and at pace with modern geodetic engineering technologies. The Society is the 13th accredited professional organization by the PRC, formally recognizing it on September 18, 1975. In coordination with the PRC, the GEP was among the first to implement the Continuing Professional Education(CPE)program. Among the Society’s most notable accomplishments is its efforts leading to the amendment of the Geodetic Engineering Law on February 26, 1998. 22  02/07/2024 Members of the Board EPIFANIO D. LOPEZ Chairman RANDOLF S. VICENTE Member CONCORDIO D. ZUÑIGA Member PROPERTY AND OWNERSHIP  Books 2 and 3 of the New Civil Code  PROPERTY - all things which are or may be the object of appropriation  Rights as property: - Real right – right or interest belonging to a person over a specific thing without a definitive passive subject against whom such right may be personally enforced. - Personal right – right of a person to demand from another as a definitive passive subject, the fulfilment of latter’s obligation 23  02/07/2024 PROPERTY AND OWNERSHIP CLASSIFICATIONS OF PROPERTY According to Nature 1. Immovable property or real property - cannot be carried from place to place - attached to an immovable in a fixed manner to be an integral part thereof - it is placed in an immovable for the utility it gives to the activity carried thereon. - classified by express provision of law because it is regarded as united to the immovable property PROPERTY AND OWNERSHIP Article 415. The following are immovable property: (1) Land, buildings, roads and constructions of all kinds adhered to the soil; (2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; (3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; (4) Statues, reliefs, paintings or other objects for use or ornamentation xxx (5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land xxx 24  02/07/2024 PROPERTY AND OWNERSHIP (6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included; (7) Fertilizer actually used on a piece of land; (8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; (9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast; (10) Contracts for public works, and servitudes and other real rights over immovable property. (334a) PROPERTY AND OWNERSHIP CLASSIFICATIONS OF PROPERTY According to Nature 2. Movable property or personal property - real property considered personal property by special provision of law - forces of nature - in general, all movable things - obligations and actions ownership of material things = corporeal property ownership of rights = incorporeal property 25  02/07/2024 PROPERTY AND OWNERSHIP Article 416. The following things are deemed to be personal property: (1) Those movables susceptible of appropriation which are not included in the preceding article; (2) Real property which by any special provision of law is considered as personalty; (3) Forces of nature which are brought under control by science; and (4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (335a) PROPERTY AND OWNERSHIP Article 417. The following are also considered as personal property: (1) Obligations and actions which have for their object movables or demandable sums; and (2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. (336a) 26  02/07/2024 PROPERTY AND OWNERSHIP According to Ownership 1. Public Dominion - property owned by the state in its public or sovereign capacity and intended for public use and not for the use of the state as juridical person - does not import the idea of ownership; not owned by the state but simply under its jurisdiction and administration - outside the commerce of men Properties of Public Dominion: property interested for public use intended for some specific public service intended for development of the national wealth PROPERTY AND OWNERSHIP According to Ownership 2. Private Ownership - property owned by the state in its private capacity and is known as patrimonial property PATRIMONIAL PROPERTY – is that which belongs to the state as a private individual, without being devoted to common use; owned by private persons individually or collectively. 27  02/07/2024 PROPERTY AND OWNERSHIP Property of public dominion Article 420. (1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; (2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. (339a) Article 424. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities. PROPERTY AND OWNERSHIP Property of private ownership Article 421. All other property of the State, which is not of the character stated in the preceding article, is patrimonial property. Article 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State. (341a) Article 425. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively. (345a) 28  02/07/2024 PROPERTY AND OWNERSHIP Properties of Private Ownership All property belonging to private persons either individually or collectively and those belonging to the state and any of its political subdivisions which are patrimonial in nature.  Conjugal Property – property of the husband and wife acquired after marriage. (vs. Absolute Community of Property)  Capital Property – property of the husband  Paraphernal Property – property of the wife PROPERTY AND OWNERSHIP - Marriage settlement (Prenup) - Default property regime – reckoning point August 3, 1988 Absolute community of property (ACP) — It means that all property owned by the spouses at the time of the celebration of the marriage or acquired thereafter shall form part of the community property. Exceptions: property acquired during the marriage by gratuitous title, as well as the fruits and income thereof; property for exclusive or personal use of each spouse (except jewelry); property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, as well as the fruits or income thereof. 29  02/07/2024 PROPERTY AND OWNERSHIP Conjugal partnership of gains (CPG) — Under this regime, the proceeds, products, fruits and income from separate properties of the spouses and those acquired by either or both spouses through their efforts or chance shall belong to the partnership. Exceptions: Those brought to the marriage as his or her own; Those acquired during the marriage by gratuitous title; Those acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and Those purchased with exclusive money of the wife or of the husband. PROPERTY AND OWNERSHIP  USUFRUCT - right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. - real right of use and enjoyment, of temporary duration, transmissible, may be constituted on real or personal property.  Usufructuary vs. naked owner  Hidden treasure 30  02/07/2024 PROPERTY AND OWNERSHIP Rights of usufructuary: 1. To all the fruits (natural, industrial, or civil) of the property, 2. To make use of any increase which the property in usufruct may acquire. 3. To alienate or lease his right of usufruct to a third person, even by gratuitous title and without the consent of the naked owner. 4. To bring a court action to recover property under usufruct. 5. To make useful and luxurious improvements to the property under usufruct. 6. To set-off improvements that augmented the value of the property against any damages for which he may be liable. 7. To recover from the naked owner the increase in value which the immovable property in usufruct may have acquired by reason of extraordinary repairs made by the usufructuary that are needed for the preservation of that property. PROPERTY AND OWNERSHIP  OWNERSHIP - independent right of a person to the exclusive enjoyment and control of a thing including its disposition and recovery, subject only to the restrictions or limitations established by law and the rights of others - exercised over things or rights (things – any material object rights – incorporeal property whether real or personal) 31  02/07/2024 PROPERTY AND OWNERSHIP Rights included in ownership jus possidendi – right to possess jus utendi – right to use and enjoy jus fruendi – right to the fruits jus accessionis – right to accessories jus abutendi – right to consume jus disponendi – right to dispose or alienate jus vindicandi – right to recover possession and/or ownership PROPERTY AND OWNERSHIP Limitations on the Right of Ownership imposed in general by the state imposed by law imposed by grantor of property imposed by owner arising from conflicts or private rights 32  02/07/2024 PROPERTY AND OWNERSHIP Limits of Ownership of Properties  Police Power – power of the government or agencies to regulate private real estate ownership to protect well being and general welfare of its citizens  Eminent Domain – power of government to take private property for public use upon payment of just compensation  Power of Taxation – government collects taxes on property for the general support of the state and for maintenance of public service  Escheat – reversion of the property to the government when the owner dies without leaving a will or heirs PROPERTY AND OWNERSHIP CO-OWNERSHIP - form of ownership which exists whenever an undivided thing or right belongs to different persons. Requirements: - there must be a plurality of owners - object of ownership must be a thing or right which is undivided - each co-owner’s right must be limited only to his ideal share of the physical whole. Partition – is the division between two or more persons of real or personal property which they own in common so that each may enjoy and possess his sole estate to the exclusion of and without interference from the others. 33  02/07/2024 PROPERTY AND OWNERSHIP  MODES OF ACQUIRING OWNERSHIP 1. Law as mode 2. Tradition 3. Occupation 4. Intellectual creation 5. Donation 6. Prescription 7. Succession PROPERTY AND OWNERSHIP 1. Law as mode – recognized as modes of acquisition because the law so provides 2. Tradition – a derivative mode of acquiring ownership and other real rights by virtue of which there being intention and capacity on the part of the grantor and grantee and the pre-existence of said rights in the estate of the grantor, they are transmitted to the grantee through a just title. 3. Occupation – appropriation of things appropriable by nature which are without an owner; seizure of things corporeal which have no owner with the intention of acquiring the ownership thereof. 4. Intellectual creation – original mode of acquiring ownership whereby the creations or products of one’s mind or intellect become his exclusive property, giving him the right to authorize or refuse the publication or production of such creations. 34  02/07/2024 PROPERTY AND OWNERSHIP Intellectual Property – the totality of all rights which the law recognizes in favor of the author or persons with respect to the creations or product of his intellect. 5. Donation – act of liberality whereby a person disposes gratuitously of a thing or right in favor of another who accepts it. 6. Prescription – one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. 7. Succession – mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of inheritance of a person is transmitted upon his death to another either by will or by operation of law. PROPERTY AND OWNERSHIP RIGHT OF ACCESSION  ACCESSION - is the right pertaining to the owner of a thing over everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially - fruits or addition to or improvements upon a thing i.e. building, planting, sowing  ACCESSORIES - things joined to, or included with, the principal thing for latter’s embellishment, better use or completion 35  02/07/2024 PROPERTY AND OWNERSHIP Kinds of Accession Accession Discreta – extension of the right to the products of a thing which belongs to such person Accession Continua – extension of the right to that which is incorporated or attached to a thing which belongs to such person Accession Natural: PROPERTY AND OWNERSHIP Kinds of Accession Accession Natural: a. Alluvion – the accretion which the banks of river gradually receive from the effects of the water and which belongs to the owners of land adjoining the said banks. Requirements: - accumulation of soil or sediment must be gradual or imperceptible - accretion results from the effects or action of the current of the waters of the river - the land wherein accretion takes place must be adjacent to the bank of the river 36  02/07/2024 PROPERTY AND OWNERSHIP Kinds of Accession Accession Natural: b. Avulsion – the accretion which takes place when the current of a river, creek or torrent segregates a known portion of land from an estate on its bank and transfers it to another state.  Requirements: - segregation and transfer must be caused by the current of a river, creek or torrent - segregation and transfer must be sudden or abrupt - portion of land transported must be known or identifiable PROPERTY AND OWNERSHIP In ALLUVION In AVULSION - accretion is gradual - accretion is sudden and abrupt - accretion cannot be - accretion can be identified identified - merely an attachment - there is detachment followed by attachment - accretion belongs to - ownership is retained by the the owner of the land to owner of the land from which attachment is made which it is detached for a certain period (i.e. 2 yrs for land and 6 mos. for trees) 37  02/07/2024 PROPERTY AND OWNERSHIP accretion – the addition or increase received by the land ALLUVIUM – deposit itself ACCRETION – denotes the act ACCESSION – refers to the right PROPERTY AND OWNERSHIP Changing of River Beds - river beds abandoned through natural change in the course of the waters - occurrence of a natural change in the course of waters – belong to the owners whose lands are occupied by the new course in proportion to the area lost. Requirements: - there must be a natural change in the course of the waters of the river - change must be abrupt or sudden 38  02/07/2024 PROPERTY AND OWNERSHIP POSSESSION - holding or a thing or enjoyment of a right, either by material occupation or by the fact of subjecting the thing or right to the action of our will. - to actually and physically occupy a thing with or without a right Forms or degrees of possession: 1. possession without any title whatsoever 2. possession with a juridical title 3. possession with a just title 4. possession with a title in fee simple PROPERTY AND OWNERSHIP  Nature of possession: act, fact, right  Extent of possession: Actual possession – occupancy in fact of the whole or at least substantially the whole Constructive possession – occupancy of part in the name of the whole under such circumstances that the law extends the occupancy to the possession of the whole. 39  02/07/2024 PROPERTY AND OWNERSHIP  Writ of Possession - a writ of execution commanding the sheriff to enter the land and give possession thereof to the person entitled under the judgment.  Ways of Acquiring Possession by material occupation or exercise of a right by subjection of the thing or right to our will by proper acts and legal formalities established for acquiring such right of possession PROPERTY AND OWNERSHIP Modes of Losing Possession by abandonment by assignment by destruction, total loss, withdrawal from commerce possession of another for more than one year recovery by lawful owner or possessor 40  02/07/2024 PROPERTY AND OWNERSHIP NUISANCE any act, omission, establishment, business, condition of property, or anything else which: injures or endangers the health or safety of others annoys or offends the senses shocks, defies or disregards decency or morality obstructs or interferes with free passage hinders or impairs the use of a property. PROPERTY AND OWNERSHIP Doctrine of Attractive Nuisance One who maintains on his premises dangerous instrumentalities or appliances of a character likely to attract children in play, and who fail to exercise ordinary care to prevent children from playing therewith or resorting thereto, is liable to a child of tender years who is injured thereby. The owner of such premises remains liable even if the child were a trespasser. 41  02/07/2024 PROPERTY AND OWNERSHIP Q&A 1. What is the difference between PDs and EOs? EXECUTIVE ORDERS are “acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders” PRESIDENTIAL DECREES: Presidential Decrees were an innovation made by President Ferdinand E. Marcos with the proclamation of Martial Law. They served to arrogate unto the Chief Executive the lawmaking powers of Congress. Only President Marcos issued Presidential Decrees. In the Freedom Constitution of 1986, President Corazon C. Aquino recognized the validity of existing Presidential Decrees unless otherwise repealed. 42  02/07/2024 Q&A 2. Personal and real rights. In the situation where Pedro buys a property from Juan, what if Pedro dies before having paid in full? Who should Juan go after? Unless the obligation is strictly personal (i.e. Juan has a personal right against Pedro to sing or do something only he can do), Juan can go after the estate of deceased Pedro. 3. What is the difference between usufruct and possession? Usufruct is only temporary use and enjoyment of the property. It is a form of possession with a juridical title. Q&A 4. If hindi po nakaindicate na "good faith" or "bad faith" na- acquire ang property thru prescription, and aside po sa 30 and 10 years na bad & good faith, is there other ways po para malaman if prescription thru good faith or bad faith siya? Acquisitive prescription is either ordinary or extraordinary. Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. In extraordinary prescription, ownership and other real rights over immovable property are acquired through uninterrupted adverse possession thereof for thirty years without need of just title or of good faith. 43  02/07/2024 Q&A 5. Okay lang po ba yung hindi masyado memorize yung codes for each laws, basta maintindihan lang yung law. Tama po na yun? Kailangan po ba i-memorize yung article numbers? Depends on the reviewee whichever is comfortable ☺ 6. What happens to the title of escheated property? It is transferred and titled under the name of the Republic. OSG or his representative in behalf of the Republic, may file a petition in the CFI of the province where the deceased last resided or in which he had estate, if he resided out of the Philippines, setting forth the facts, and praying that the estate of the deceased be declared escheated (Rule 91 Rules of Court) Q&A 7. If land you have been living on for 40 years was titled, can you apply for registration? No. Section 47 of PD 1529. Registered land not subject to prescriptions. No title to registered land in derogation of the title of the registered owner shall be acquired by prescription or adverse possession. 8. If the one who found hidden treasure is a trespasser, is he entitled to share? No. Art. 438 NCC. Hidden treasure belongs to the owner of the land, building, or other property on which it is found. xxx. If the finder is a trespasser, he shall NOT be entitled to any share of the treasure. 44 Favorite Law Topics in the Board Exam Updated July 3, 2024 Prepared by: Atty. Mark Reynold M. Arriesgado, J.D. Geodetic Engineer/ Lawyer / Notary Public  GE Board Exam 2024 Law Coverage: 1. Public Land Laws, Land Registration and Natural Resources 2. Laws on Property 3. Land Reform Laws 4. Laws on Obligations and Contracts 5. Professional and Ethical Practice 6. Rules and Regulations Governing Land Surveying 7. Other related laws  How do we register an untitled land? Judicial Process Administrative Process (filed with the Court) (filed with DENR) Result: You will get a Result: You will get a certificate of title patent (equivalent to a under the Torrens title). System. What is Torrens System? A system for registration of land under which, upon landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. Originator: Robert Richard Torrens What is the purpose of land Registration? to have a LAND TITLE! Land title is the best evidence of the right of the owner or the extent of his interest, and by which means he can maintain control, and as a rule assert right to exclusive possession and enjoyment of property. Note: Tax declarations are not the best proof of ownership, it is rebuttable. Sample board exam question Is tax declaration and payment of taxes thereon a proof of ownership? A. Yes, because there are no other applicants. B. No, you are not paying taxes religiously. C. Yes, because you believe you are the owner of the land. D. No, it is not a conclusive proof of ownership.  What are the Modes of Acquiring Titles? 1. Title by public grant – conveyance of public land by government to a private individual 2. Title by acquisitive prescription – open, continuous, exclusive, notorious possession of a land (10 years in good faith or 30 years in bad faith) 3. Title by accretion – alluvion being the riparian owner 4. Title by reclamation – filling of submerged land by deliberate act and reclaiming title thereto by the government 5. Title by voluntary transfer – voluntary execution of deed of conveyance (ex. Deed of sale or deed of donation) 6. Title by inheritance – hereditary succession to the estate of deceased owner 7. Title by emancipation patent or grant – for purpose of improving sad plight of tenant farmers What is an Original Certificate of Title (OCT)? It is the first certificate of title issued in the name of a registered owner covering a parcel of land which had been registered under the Torrens System, by virtue of judicial or administrative proceedings. What is a Transfer Certificate of Title (TCT)? The subsequent certificate of title pursuant to any deed of transfer or conveyance to another person. The Register of Deeds shall make a new certificate of title and given him an owner’s duplicate certificate. The previous certificate shall be stamped “cancelled”. Land Registration Proceeding (Judicial Process) The process is initiated by way of a petition by an applicant owner claiming ownership of the land with the Regional Trial Court (RTC). Upon due notice and hearing, the Court will order the Land Registration Authority (LRA) to issue the Decree of Registration. The Register of Deed to issue the corresponding Duplicate Original Certificate of Title to the applicant. What are patents? Patents only involve public lands which are alienated by the Government, pursuant to the Public Land Act (CA 141). What are the Laws Governing Land Registration? PD NO. 1529 The Property Registration Decree covers both ordinary and cadastral registration proceedings. It supersedes the Land Registration Act and the Cadastral Act (Act No. 2259). What is a Cadastral Proceeding? it is a compulsory registration proceeding initiated by the government to “settle and adjudicate” title to lands. The Director of Lands gives notice to all persons of the date of survey for them to inform the surveyors of the boundaries of their claims. Only unregistered lands may be the subject of survey. All conflicting interests shall be adjudicated by the court and in the absence of successful claimants, the property is declared public land. Sample board exam question Other than the applicant, who else is being notified in an ordinary land registration proceedings filed with the court? A. Director, NHA B, DAR Regional Director C. Director, LMB of DENR D. Director General of NEDA Answer PD 1529 Section 17. What and where to file. The application for land registration shall be filed with the Court of First Instance of the province or city where the land is situated. The applicant shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands. The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all annexes. Sample board exam question The posting of notice in a land registration case is placed in the bulletin board or in a conspicuous place of the ____________________? I. Province II. City/ municipality III. Quezon City IV. Land applied for A. II, III and IV B. I, III, IV C. I, II, IV D. I, II, III Sec. 23 PD 1529 The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be posted by the sheriff of the province or city, as the case may be, or by his deputy, in a conspicuous place on each parcel of land included in the application and also in a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated, fourteen days at least before the date of initial hearing. Laws Governing Land Registration CA 141 The Public Land Act governs the procedure for the judicial confirmation of imperfect or incomplete titles. It applies to lands of the public domain which have been declared open to disposition or concession by the government and officially delimited and classified. Laws Governing Land Registration RA NO. 8371 (IPRA LAW) The Indigenous Peoples Rights Act recognizes the rights of ownership and possession of indigenous cultural communities to their ancestral domains and lands on the basis of native title, and defines the extent of these lands and domains.  WHAT LANDS ARE REGISTRABLE? Registrable lands a. Private Lands b. Agricultural Lands (part of public land that is only alienable) 1987 CONSTITUTION Art. XII Sec. 2 xxx With the exception of agricultural lands, all other natural resources shall not be alienated. xxx Sec 3. 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 to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. xxx What are Non- registrable lands? 1987, CONSTITUTION Art. XII Sec. 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. Xxx (Regalian Doctrine) Inalienable Lands (Non- registrable) 1) Intended for public use such as roads, canals, torrents, ports, bridges constructed by the State 2) Patrimonial property of the state (i.e. friar lands) 3) Forest lands (PD 705, Revised Forestry Code) 4) Watersheds Inalienable Lands (Non- registrable) 5) Mangrove swamps 6) Mineral Lands (RA 7942, Philippine Mining Act of 1995) 7) National Parks (RA 7586, NIPAS Act) 8) Foreshore lands and reclaimed lands 9) Submerged Areas 10) Military or naval reservation Inalienable Lands (Non- registrable) 11) Waters (PD 1067 Water Code of the Philippines): -rivers and their natural beds -continuous or intermittent waters of springs and brooks running in their natural beds -natural lakes and lagoons -surface waters such as from rainfall -atmospheric water - Subterranean water or ground waters - Seawater - creeks Can an inalienable land be a subject of patent? If patent or title is issued for inalienable lands, such patent or title is void. Not subject to acquisitive prescription; even if in possession for long time, will not ripen into ownership. Only those classified as alienable lands can be disposed for patent or title. WHO MAY APPLY FOR LAND REGISTRATION? Constitutional Requirements and Limitations: -Only Filipino Citizens 1987, CONSTITUTION Art. XII Sec. 3 xxx Citizens of the Philippines may lease not more than five hundred hectares (500) , or acquire not more than twelve hectares (12) thereof by purchase, homestead, or grant. xxx  Private Corporations Private corporations may not hold alienable lands of the public domain except by lease not exceeding 1000 hectares. 1987, CONSTITUTION Art. XII Sec. 3 xxx Private corporations or associations may not hold alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. xxx Sample board exam question How many hectares can a private corporation or association lease alienable and disposable (A&D) lands of the public domain? A.24 B.1000 C.1500 D.12 Who has the power to classify lands? The classification of public lands is a function of the executive branch of government. The President upon the recommendation of Secretary of DENR will have to first classify lands of public lands as alienable and disposable (agricultural lands) before it could be open to disposition or concession. Sample board exam question Who has the direct executive control on the sale, disposition and management of the lands of the public domain? A. Municipal Court B. Bureau of Lands C. District Land Officers D. Regional Trial Court  Delegated Functions Land Management Bureau Administration and distribution of public lands, Land Director of Lands classification and release of lands of the public domain as alienable and disposable (A and D) -approve survey plans for original registration purposes. Signs patents for 10-12 hectares for homestead and free patents Regional Executive Director Signs patents for 5-10 hectares for homestead and free patents (RED) Regional Technical Director -Approves and signs maps and plans for public land (RTD) subdivision, cadastral and isolated surveys -approves political boundary surveys Provincial, Environment and -Signs patents for areas up to 5 hectares for homestead and free Natural Resources Officer patent (PENRO) -Issuance of certificate whether timber land or A and D (above 50 hectares) Community Environment and -Issues survey orders to conduct isolated surveys and for Natural Resources Officer subdivision of cadastral lots for patented and unpatented land (CENRO) -Issuance of certificate whether timber land or A and D (below 50 hectares) Is 5-year prohibition period still applicable for agricultural patent? Republic Act No. 11231 (RA No. 11231) lifted the restrictions imposed by Commonwealth Act No. 141 (CA No. 141) With the enactment of RA No. 11231 in July 2018, an agricultural free patent is now a title in fee simple free of any restriction on its encumbrance or alienation. It applies retroactively such that any restrictions on the acquisition, encumbrances, or dispositions on agricultural free patents issued prior to the enactment of RA No. 11231 shall be removed and immediately lifted. Sample board exam question The cancellation of a free patent is between the grantor and the A. DARAB B. DENR C. Applicant/ grantee D. LRA/ Registration of deeds What is Reversion? Reversion is an action filed by the government as the grantor against the grantee, through the Office of the Solicitor General as its lawyer, to restore public land fraudulently awarded and disposed of to private individuals or corporations to the mass of the public domain. (i.e. selling of free patent land within prohibition period) Sample board exam question Which agency of the government can bring action in court in order to revert a private land back to the government? A. Land Management Bureau B. Provincial Agrarian Reform Office C. Land Registration Authority D. Office of the Solicitor General Sample board exam question For the purpose of qualifying a public land applicant of a free patent under RA 10023, the average annual income of a 2nd class municipality where he is applying is equal to or more than 45 million but not exceeding A. 65M B. 55M C. 45M D. 75M Ang sagot nasa IRR of RA 10023 Free patent act Second class municipalities – municipalities with an average annual income equal to or more than Forty Five Million Pesos (P45,000,000.00), but not exceeding Fifty Five Million Pesos (P55,000,000.00), as provided for in DO 23-08. Provided that, any future changes in qualifications for classification as second class municipality by the concerned government agency at the time of filing of the application will prevail. Assignment: Cities and other municipalities  What is the application process of Residential Free Patent? The application on the land applied for shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources (DENR) and a technical description of the land applied for. Supporting affidavit of two (2) disinterested persons who are residing in the barangay of the city or municipality where the land is located, attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied for at least ten (10) years.  What are the periods for Application of Residential Free Patent? All applications shall be filed immediately after the effectivity of this Act before the Community Environment and Natural Resources Office (CENRO) of the DENR. The CENRO is mandated to process the application within one hundred and twenty (120) days to include compliance with the required notices and other legal requirements, and forward this recommendation to the Provincial Environment and Natural Resources Office (PENRO), who shall have five (5) days to approve or disapprove the patent. In case of approval, patent shall be issued; in case of conflicting claims among different claimants, the parties may seek the proper judicial remedies. Sample board exam question The CENRO concerned, shall process the public land application under RA 10023 for a non-extendible period of _____________ days, from the date of filing of the application. A.160 B.130 C.90 D.120 What is Reconstitution of Titles? Original title with the registry of deeds got lost or destroyed, then reconstitution of the title would be necessary. This can be either through an administrative reconstitution (in case of a substantial loss of titles in the RD) or a judicial reconstitution (in case the RD copy of the title is lost or destroyed) What is Administrative reconstitution? Administrative reconstitution of lost or destroyed certificates is governed by RA 6732. It is available in case of substantial loss (10% of the total number of titles in possession) or destruction of land titles due fire, flood or other force majeure. What documents can be presented to reconstitute a title? (a) The owner's duplicate of the certificate of title; (b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title; (c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof; (d) An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the original certificate of title was issued; (e) A document, on file in the registry of deeds, by which the property, the description of which is given in said document, is mortgaged, leased or encumbered, or an authenticated copy of said document showing that its original had been registered; and (f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title. What are the penalties for Fraudulent Reconstituted Titles? Any person who by means of fraud, deceit or other machination obtains or attempts to obtain a reconstituted title shall be subject to criminal prosecution and, upon conviction, shall be liable for imprisonment for a period of not less than 2 years but not exceeding 5 years or the payment of a fine of not less than 20,000 pesos but not exceeding 200,000 pesos or both at the discretion of the court.  RA 7586: NIPAS National Integrated Protected Areas System Act of 1992 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; Environmental Impact Assessment -proposals for activities which are outside the scope of the management plan for protected areas shall be subject to an environmental impact assessment -shall secure Environmental Compliance Certificate (ECC) under the Philippines Environmental Impact Assessment (ELA) system The process of evaluating and predicting the likely impacts of a project on the environment during construction up to completion and/or abandonment is environmental impact _______________. A. Review B. Management C. Assessment D. Resistant Situation - Mang Isko plans to put up a hotel / resort in his five hectares lot. If his proposed project is within an environmentally critical areas , what kind of clearance does he need? A. EIS B. PEP C. ECC D. EISS Who issues Environmental Compliance Certificate based on DAO 2003-30? A. DENR-LMB Director B. Regional Executive Director C. DENR-EMB Director D. Asst. Secretary for Operations Philippine Mining Act of 1995 (RA 7942) Ownership of Mineral Resources Mineral resources are owned by the State and the exploration, development, utilization and processing thereof shall be under its full control and supervision. The State may directly undertake such activities or it may enter into mineral agreements with contractors. Block or meridional block -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)  Mines and Geosciences Bureau (MGB) Functions: - Direct charge in the administration and disposition of mineral lands and mineral resources - Undertake geological, mining, metallurgical, chemical and other researches as well as mineral exploration surveys - To recommend to the Secretary the granting Mineral Agreements or to endorse to the Secretary for action by the President the grant of Financial or technical Assistance Agreement (FTAA) Minerals processing permit is issued for a period of 5-years, renewable for another 5- years but not to exceed 25-years by the _______. A. MGB Regional Director B. MGB Director C. Provincial Governor D. DENR Secretary Mining operations 1) Exploration 2) Mineral agreements 3) Financial or Technical Assistance Agreement (FTAA)  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  Exploration permit -Mines and Geosciences Bureau grants the right to conduct exploration for all minerals in specified areas to a qualified person -such permit does not amount to an authorization to extract and carry off the mineral resources that may be discovered -TERM: for a period of 2 years from date of issuance, renewable for not more than 4 years (non-metallic) or 6 years(metallic) Maximum Area for exploration permit Individual Corporation, Association, Cooperative Onshore (one 20 blocks 200 blocks province) Onshore (entire 40 blocks 400 blocks Philippines) Offshore 100 blocks 1000 blocks (beyond 500m from mean low tide level Mineral Agreements -shall grant to the contractor the exclusive right to conduct mining operations and to extract all mineral resources found in the contract area Term: not exceeding 25 years from the date of execution and renewable for another term not exceeding 25 years For the purposes of mining operations, a mineral agreement may take the following forms: a) Mineral Production sharing agreements (MPSA) b) Co-production agreement (CA) c) Joint-venture agreement (JVA) Mineral Production Sharing Agreement (MPSA) -an agreement where the government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. The contractor shall provide the financing, technology, management and personnel necessary for the implementation of this agreement. Co-production Agreement (CA) -an agreement between the government and the contractor wherein the government shall provide inputs to the mining operations other than the mineral resource. Joint-venture Agreement (JVA) -an agreement where a joint-venture company is organized by the government and the contractor with both parties having equity shares. Aside from earnings in equity, the government shall be entitled to a share in the gross output. Eligibility to apply for mineral agreements Individual- must be a Filipino citizen of legal age and with the capacity to contract Corporation, partnership, association or cooperative- must be organized or authorized for the purpose of engaging in mining, duly registered and at least 60% of the capital is owned by the Filipino Maximum Area for Mineral Agreement Individual Corporation, Association, Cooperative Onshore (one 10 blocks 100 blocks province) Onshore (entire 20 blocks 200 blocks Philippines) Offshore 50 blocks 500 blocks (beyond 500m from mean low tide level Tip: For easy recall, it is just half of the maximum area in exploration permit Financial or Technical Assistance Agreement (FTAA) -defined as a contract involving financial or technical assistance for large-scale exploration, development and utilization of natural resources. Eligibility- any qualified person or corporation, partnership, association or cooperative with less than 50% of capital owned by Filipino is deemed qualified Maximum contract Area and Term for FTAA a) onshore- 1,000 meridional blocks b) Offshore- 4,000 meridional blocks Term: not exceeding 25 years from the date of execution and renewable for another term not exceeding 25 years Note: FTAA shall be negotiated by the Secretary of DENR and approved by the President. Then, the president shall notify the Congress. Sample board exam question An agreement where the government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. The contractor shall provide the financing, technology, management and personnel necessary for the implementation of this agreement. A. co-production agreement B. Joint venture agreement C. Mineral production sharing agreement D. Labor-production agreement Quarry Resources -quarry sand and gravel, guano and gemstone resources in private or public lands may be extracted, removed and disposed or utilized (common stones or common minerals) -in large-scale quarry operations involving cement raw materials, marble, granite and sand and gravel and construction aggregates, any qualified person may apply The maximum land area which an applicant may apply/hold under quarry permit _________ hectares. A. 10 B. 5 C. 15 D. 25 Quarry permit -any qualified person may apply for a quarry permit with the Provincial/ City Mining Regulatory Board Term: 5 years from the date of issuance renewable for like period but not to exceed a total term of 25 years Section 103 of RA 7942 Theft of Minerals Any person extracting minerals and disposing the same without a mining agreement, lease, permit, license, or steals minerals or ores or the products thereof from mines or mills or processing plants shall, upon conviction, be imprisoned from six (6) months to six (6) years or pay a fine from Ten thousand pesos (P10,000.00) to Twenty thousand pesos (P20,000.00) or both, at the discretion of the appropriate court. In underground mining operations, no personal shall be employed below ____________ years old. A. 21 B. 18 C. 25 D. 20  Section 64 Mine Labor No person under sixteen (16) years of age shall be employed in any phase of mining operations and no person under eighteen (18) years of age shall be employed underground in a mine. People’s Small-Scale Mining Act of 1991 (R.A. No. 7076) Small-scale mining -refers to mining activities that rely heavily on manual labor using simple tools and methods. It does not use explosives or heavy mining equipment and requires only a small capital investment What is the order of accuracy for mineral surveys which are executed for mineral agreements as per mining act of 1995? A. 2nd order B. 4th order C. 5th order D. 3rd order Special Lecture on UNCLOS  Overview of UNCLOS The United Nations Convention on the Law of the Sea (UNCLOS) is an international agreement in Montego Bay, Jamaica (1982). –tinanong ito kung saan pinirmahan The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world oceans establishing guidelines for business, the environment and the management of marine natural resources. Philippines is a signatory of said international agreement. Limits of maritime zones (as defined by UNCLOS) Territorial Sea Sovereignty of a coastal State extends beyond its land territory and internal waters to an adjacent belt of sea: the territorial sea. Breadth: up to 12 nautical miles, measured from the baselines. Entitlement: inherent part of the territory of a coastal State- Legislative and enforcement jurisdiction  Innocent passage through territorial sea Foreign ships have the right of innocent passage through the territorial sea of a coastal State. Continuous and expeditious passage through territorial sea or to/from internal waters Subject to certain laws of coastal State (eg prevention of infringement of customs, fiscal, immigration or sanitary laws) Art. 19 of UNCLOS. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities: (a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; (b) any exercise or practice with weapons of any kind; (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State; (d) any act of propaganda aimed at affecting the defence or security of the coastal State; (e) the launching, landing or taking on board of any aircraft; (f) the launching, landing or taking on board of any military device; (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State; (h) any act of wilful and serious pollution contrary to this Convention; (i) any fishing activities; (j) the carrying out of research or survey activities; (k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; (l) any other activity not having a direct bearing on passage. Foreign vessels have right of innocent passage through archipelagic waters, like __________ waters. A. High B. External C. Territorial D. Mean sea level Contiguous Zone Maritime zone contiguous and seaward of the territorial sea, from the outer limit of the territorial sea to up to 24 nautical miles, measured from the baselines. Entitlement: the coastal State may claim it. The coastal State may exercise the control necessary to prevent and punish infringement of customs, fiscal, immigration or sanitary laws within the territory or territorial sea. Limits of maritime zones (as defined by UNCLOS) Exclusive Economic Zone (EEZ) The exclusive economic zone (EEZ) is an area beyond and adjacent to the territorial sea. Breadth: from the outer limit of the territorial sea to up to 200 nautical miles, measured from the baselines. Entitlement: The coastal state has the right to exploring and exploit, conserve and manage natural resources, whether living or non-living Limits of maritime zones (as defined by UNCLOS)  High seas High seas: parts of the sea which are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State High seas are not subject to the jurisdiction of any State Open to all States, whether coastal or land-locked Limits of maritime zones (as defined by UNCLOS)  Limits of maritime zones (as defined by UNCLOS) Top View Aerial Domain -this refers to the airspace above the land and waters of the State but excluding the outer space. Other board exam questions on Laws on Natural Resources Game refuge or bird sanctuary refers to a forest land designated for the protection of game animals, birds and fish and closed to hunting and fishing in order that the excess population may flow and restock surrounding areas. Critical watershed drainage area of a river system supporting existing and proposed hydro-electric power and irrigation works needing immediate rehabilitation as it is being subjected to a fast denudation causing accelerated erosion and destructive floods. It is closed from logging until it is fully rehabilitated.  Section 27 of PD 705 Duration of license agreement or license to harvest timber in forest lands. The duration of the privilege to harvest timber in any particular forest land under a license agreement or license shall be fixed and determined in accordance with the annual allowable cut therein, the established cutting cycle thereof, the yield capacity of harvestable timber, and the capacity of healthy residuals for a second growth. The privilege shall automatically terminate, even before the expiration of the license agreement of license, the moment the harvestable timber have been utilized without leaving any logged-over area capable of commercial utilization. The maximum period of any privilege to harvest timber is twenty-five (25) years, renewable for a period, not exceeding twenty-five (25) years, necessary to utilize all the remaining commercial quantity or harvestable timber either from the unlogged or logged-over area. Who proclaims certain areas environmentally critical as per PD 1586? A. Senate President B. President of the Philippines C. DENR Secretary D. Speaker, House of Representative  Republic Act No. 9175 AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND USE OF CHAIN SAWS, PENALIZING VIOLATIONS THEREOF AND FOR OTHER PURPOSES  Section 9 of RA 9175: Authority of the Secretary. - To effectively implement the provisions of this Act, the Secretary shall issue the implementing rules and regulations within ninety (90) days upon approval of this Act. He shall likewise organize an office within the Department to ensure that requirements imposed by this Act may be complied with by qualified persons, within the shortest possible time, at the least possible expense. In the Province of Palawan, the provisions of this Act shall be implemented by the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for Palawan. Any person who gives information leading to the confiscation of unregistered chain saw/s end the conviction of the person/s charged thereof, shall be rewarded an amount equivalent to ______ percent of the value of the chain saw unit/s. A. 20 B. 30 C. 5 D. 15  Article 51 of the Water Code The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins are subject to the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind. An individual who occupied a salvage zone is required to pay rentals. Is this in order? A. Yes, but he should first apply for a survey authority. B. No, he should immediately be avoided in the area. C. Yes, he should be required to pay rentals. D. No, he should first file his free patent application. Due to climate change , there are some scenarios that may happen like _____. I. Sea surface temperature are likely to become warmer II. Sea level are likely to rise due to the possiibility of melting large land-based ice sheets in Antartica and Greenland. III. Tropical cyclone/ storm are likely to become more intense A. II and I B. III, II and I C. III and II D. III and I  17/07/2024 AGRICULTURAL LANDS AND LAND REFORM LAWS PD 27 TENANT EMANCIPATION ACT  Decreeing the emancipation of tenants from the bondage of the soil, transferring to them the ownership of the land they till and providing the instruments and mechanisms therefore.  Thisact shall apply to tenant farmers of private agricultural lands devoted to rice and corn under share or lease tenancy system. 1  17/07/2024 PD 27 TENANT EMANCIPATION ACT  Tenant farmer shall be deemed owner of a portion constituting a family-size farm of five (5) hectares if not irrigated and three (3) hectares if irrigated.  Retention limit for landowner in all cases: seven (7) hectares; provided that the land is cultivated or is to be cultivated PD 27 TENANT EMANCIPATION ACT Determining the value and cost of the land  Value of land = two and one half (2 1/2) times the average harvest of three normal crop years  Interest rate: six percent (6%) per annum  Payment: Fifteen (15) equal annual amortizations 2  17/07/2024 PD 27 TENANT EMANCIPATION ACT Only those tenant-farmers who are full- fledged member of a duly recognized farmer’s cooperative can be issued a title to their lands. These titles are non transferable except by hereditary succession or to the government. RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 Comprehensive Agrarian Reform Law of 1988 (Republic Act No. 6657). An Act instituting a comprehensive Agrarian Reform Program to promote social justice and industrialization, providing the mechanism for its implementation, and for other purposes. The Act consists of 78 sections, divided into 15 Chapters. Approved: June 10, 1988 3  17/07/2024 RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 Agrarian Reform – redistribution of lands, regardless of crops or fruits produced, to farmers and regular farm workers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 Agricultural Land – refers to land devoted to agricultural activities such as cultivation of the soil, planting of crops, growing of fruit trees, harvesting of farm products and other farm activities and practices performed by a farmer. This land does not include those classified as mineral, forest, residential, commercial or industrial land. 4  17/07/2024 RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 Idle or Abandoned Land – any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purposes continuously for a period of three (3) years but does not include land that has become permanently or regularly devoted to non-agricultural purposes. It does not include land which has become unproductive by reason of force majeure or any other fortuitous event, provided that prior to such event, such land was previously used for agricultural or other economic purpose. RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 Farmer - a natural person whose primary livelihood is cultivation of land or the production of agricultural crops… Cooperatives - organizations composed primarily of small agricultural producers, farmers, farmworkers, or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of pooling land, human, technological, financial or other economic resources, and operated on the principle of one member, one vote. A juridical person may be a member of a cooperative, with the same rights and duties as a natural person. 5  17/07/2024 RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 (g) Farmworker is a natural person who renders services for value as an employee or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly, monthly or “pakyaw” basis. The term includes an individual whose work has ceased as a consequence of, or in connection with, a pending agrarian dispute and who has not obtained a substantially equivalent and regular farm employment. RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 (h) Regular Farmworker is a natural person who is employed on a permanent basis by an agricultural enterprise or farm. (i) Seasonal Farmworker is a natural person who is employed on a recurrent, periodic or intermittent basis by an agricultural enterprise or farm, whether as a permanent or a non-permanent laborer, such as “dumaan”, “sacada”, and the like. (j) Other Farmworker is a farmworker who does not fall under paragraphs (g), (h) and (i). 6  17/07/2024 RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 COVERAGE All alienable and disposable lands of public domain devoted/suitable for agriculture All lands of public domain in excess to specific limits as determined by Congress All other lands owned by government devoted/suitable for agriculture All private lands devoted to or suitable regardless of agricultural production. RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988  The distribution of all lands shall be completed within ten (10) years from the effectivity of the act. (Note: The completion is expected by year 1998 since it was enacted on 1988.) 7  17/07/2024 RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 RETENTION LIMITS  Retention limits are determined by the Presidential Agrarian Reform Council (PARC).  Landowner: five hectares (5 ha) - For EACH child: three hectares (3 ha) - provided however that he is at 15 years old and that he is actually tilling the land or directly managing the farm RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 - Landowners whose land has been covered by the Tenant Emancipation Decree (PD 27) is allowed to keep the area originally retained by them - Original homestead grantees or their direct compulsory heirs who still own the original homestead at the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said homestead. 8  17/07/2024 RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 Other Provisions: The landowner has the right to choose the area to be retained. If such area is tenanted, the tenant has the option to choose whether to stay on the area or be a beneficiary in the same or another agricultural land. If he chooses to stay in the area he will be considered a leaseholder and he loses his right to be a beneficiary under this reform law. For this, a tenant is given a period of one year to decide after the landowner makes his choice of which area is to be retained. RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 PRIORITIES IN LAND DISTRIBUTION Phase One: (4-years to execute) Rice and corn lands under PD 27 All idle or abandoned lands All private lands voluntarily offered All lands foreclosed by government All lands acquired by the PCGG All other lands owned by the government devoted/suitable for agriculture 9  17/07/2024 RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 PRIORITIES IN LAND DISTRIBUTION Phase Two: All alienable and disposable public agricultural lands All arable public agricultural lands under agro- forest, pasture and agricultural leases All public agricultural lands which are to be opened for new development and resettlement All private agricultural lands in excess of 50 hectares RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 PRIORITIES IN LAND DISTRIBUTION Phase Three: All other private agricultural lands from large landholdings and proceeding to medium and small landholdings a. Landholdings 24 to 50 hectares - acquisition and distribution begins on the 4th year and is to be completed within 3 years. b. Landholdings from the retention limits up to 24 hectares - acquisition and distribution to begin on the 6th year and is to be completed within 4 years. 10  17/07/2024 RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 EXEMPTIONS AND EXCLUSIONS  Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves  P