The Fault in the Philippine’s Land Title’s System and what Geodetic Engineers can learn from it
In Property Law, a title is a comprehensive term referring to the legal basis of the ownership of property, encompassing real and Personal Property and intangible and tangible interests therein; also a document serving as evidence of ownership of property. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, both possession and title may be transferred independently of each other. For real property, land registration and recording provide public notice of ownership information. In the Philippines, there are problems concerning the land titles. According to P. Randa (2014), there are these mess of conflicting land documents that have derailed many government programs for years. One of those is the Overlapping of land titles and one that is most affected by these are the Indigenous peoples, said Representative Teddy Baguilat Jr.
In Baguio City, land titles were found to be overlapping over government and private properties. The city government and the National Commission on Indigenous Peoples are now in a legal battle over issuance of certificates of ancestral land titles here over Forbes Park by the latter which city officials said was illegal. ( S. Liporada, 2011).
An “Ancestral Land” 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. It is also subject to property rights within the ancestral domains already existing and/or vested upon effectivity of R.A. 8371, which is The Indigenous Peoples’ Rights Act of 1997. Indigenous peoples are one of the sectors most affected by overlapping land titles. Overlapping land titles pose a major obstacle to government programs. For instance, land declared by DENR as a Protected Area cannot be managed as one if there is a Certificate of Land Ownership Award (CLOA) from the Department of Agrarian Reform stating that it is agricultural land. An agrarian reform beneficiary with a CLOA won't be able to start farming his land if somebody else produces a tax declaration putting the land under residential property. (D. Ignacio, 2014). These lands are exempt from real property taxes, special levies, and other forms of exaction except such portion of the ancestral domains as are actually used for large-scale agriculture, commercial forest plantation and residential purposes or upon titling by private persons. But what right does an Indigenous people to their domain? Certain rights of ownership and possession of ICCs/IPs to their ancestral domains are recognized and protected, including the right of ownership, to develop, to stay in the territories, to regulate entry of migrants, to claim parts of ancestral domains previously reserved for various purposes, except those reserved and intended for common and public welfare and service and to resolve land conflicts in accordance primarily with customary law.
To prevent such problems, identification and delineation of ancestral domains shall be done in accordance with the following general procedure:
a. Petition for delineation. The process of delineating a specific perimeter may be initiated by the National Commission on Indigenous Cultural Communities/Indigenous Peoples (NCIP) with the consent of the ICC/IP concerned, or through a Petition for Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs.
b. Delineation proper. The official delineation of ancestral domain boundaries including census of all community members therein, shall be immediately undertaken by the Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned.
c. Preparation of maps. – On the basis of such investigation and the findings of fact based thereon, the Ancestral Domains Office of the NCIP shall prepare a perimeter map, complete with technical descriptions, and a description of the natural features and landmarks embraced therein.
d. Report of investigation and other documents. A complete copy of the preliminary census and a report of investigation, shall be prepared by the Ancestral Domains Office of the NCIP.
e. Notice and publication. A copy of each document, including a translation in the native language of the ICCs/IPs concerned shall be posted in a prominent place therein for at least 15 days. A copy of the document shall also be posted at the local, provincial and regional offices of the NCIP, and shall be published in a newspaper of general circulation once a week for 2 consecutive weeks to allow other claimants to file opposition thereto within 15 days from date of such publication. In areas where no such newspaper exists, broadcasting in a radio station will be a valid substitute. Mere posting shall be deemed sufficient if both newspaper and radio station are not available.
f. Endorsement to NCIP. Within 15 days from publication, and of the inspection process, the Ancestral Domains Office shall prepare a report to the NCIP endorsing a favorable action upon a claim that is deemed to have sufficient proof. However, if the proof is deemed insufficient, the Ancestral Domains Office shall require the submission of additional evidence. The Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification.
g. Issuance of Certificate of Ancestral Domain Title (CADT). ICCs/IPs whose ancestral domains have been officially delineated and determined by the NCIP shall be issued a CADT in the name of the community concerned, containing a list of all those identified in the census.
h. Registration of CADTs. The NCIP shall register issued certificates of ancestral domain titles and certificates of ancestral lands titles before the Register of Deeds in the place where the property is situated.
And in the process of Identification and Delineation, the role of 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. 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. 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.
Overlapping land titles is just one of the problems that is the Philippine’s currently facing. This problem must be solved and worked on to it since industrialization of the country is already its way to its peak. But at the same time the government must acknowledge and respect the rights of Indigenous People to their land. Whereas the geodetic engineer has the crucial role to this problem and he/she must do his/her work proper and in line with the truth.