MODULE 2: LAND MANAGEMENT SYSTEM

I. MODULE OVERVIEW

The Land Administration and Management System or LAMS is an information system

designed to provide effective management of land records and efficient delivery of land
transactions and information services to the public[1].

LAMS, a major innovation developed during the implementation of the Second Phase of the
Land Administration and Management Project (LAMP2) addresses the problematic management
of the voluminous land records within DENR. Its objective is to improve the access to land
records thereby realizing the delivery of quality land administration services[1].

The establishment of the LAMS supported under Department Administrative Order 2010-18,
ensures the integrity and access to land information such as cadastral maps, isolated survey
plans, public land applications, patents and titles. It also ensures the quick processing of land
transactions and updating of land records, as well as the tracking of applications undergoing
processing[1].

II. MODULE LEARNING OUTCOMES

Upon completion of the module, students must be able to:
 Understand The Components Of Land Management System
 Land Tenure
 Land Ownership
 Land Titling and Registration
 Land Subdivision

III. DISCUSSION
 REGALIAN DOCTRINE IN THE 1987 CONSTITUTION:

Article 12 National Economy and Patrimony. Section 2. “All lands of the public
domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources
are owned by the State[2].

 COMPONENTS OF PHILIPPINE LAND ADMINISTRATION AND

MANAGEMENT (LAM)

LAND CLASSIFICATION
LAND SURVEY AND MAPPING
LAND DISPOSITION
 LAND ADJUDICATION
LAND REGISTRATION
LAND USE
LAND USE CONVERSION
LAND VALUATION
LAND TAXATION

 LAND CLASSIFICATION:
 Forest or Timber[2]
 Agricultural[2]
 Mineral lands[2]
 National parks[2]
 LAND SURVEYS AND MAPPING: Different types of land surveys are
conducted for different purposes[2]:
 Cadastral surveys[2]
 Parcellary surveys[2]
 Political boundary surveys[2]
 Delineation of ancestral lands[2]
 Forest boundary delineation[2]
 Determination of limits of Natural park[2]
 Topographic Survey[2]
 LAND DISPOSITION: Types of titles issued[2]
 Original Certificates of Title for patents[2]
 Certificates of Land Ownership Award for Agrarian Reform
Beneficiaries[2]
 Certificates of Ancestral Domain Title for ancestral lands[2]
 Transfer Certificates of Title for subsequent transactions[2]
 LAND ADJUDICATION: Conflicting claims between or among different
interested parties are resolved administratively within the agency adjudicating
the land or through the regular courts[2].
 LAND REGISTRATION: Titles and deeds are both registered in registries
across the country[2].
 LAND USE: Local Government Units regulate land use through
comprehensive land use plans and Zoning ordinances[2].
 LAND USE CONVERSION: Change in use from agricultural to non-
agricultural[2].
  LAND VALUATION: Assignment of values to lands as bases for local
taxation, fair market valuation, national government taxation and other
transactions[2].
 LAND TAXATION: Taxes are levied for the possession, use, exchange,
transfer, sale, donation and inheritance of land[2].

 WHAT IS LAND TENURE?

It is the relationship that individuals and groups hold with respect to land and land-
based resources, such as trees, minerals, pastures, and water[3].

Land tenure rules define the ways in which property rights to land are allocated,
transferred, used, or managed in a particular society[3].

 TYPES OF LAND TENURE

Main Type of Tenure.

 Private - Individual, Group and Corporate[3].

 Communal – Over common areas, Customary rules and Usually cannot be
sold[3].
 State – Title help by government, smaller percent in developed world and
default in socialist states[3].
 Open Access[3].

Additional Tenure Rights.

 Freehold/fee-simple – a parcel owned by someone with “full” rights to

control, uses, transfer (subject to regulatory requirement & eminent domain)[3].
 Leasehold – a right to use and control for a period of time (an apartment
leases; a lease of a field)[3].
 Usufruct – a right to use land or a resource[3].

There is a variety of modes of land tenure:

 TRADITIONAL LAND TENURE - Indigenous people[7].

 SHARECROPPING - One has use of agricultural land owned by another
person in exchange for a share of the resulting crop or livestock[7].
 FEUDAL LAND TENURE - It is a system of mutual obligations under
which a royal or noble granted some degree of interest in the use or revenues
 of a given parcel of land in exchange for a claim of services such as military
service or simply maintenance of the land[7].
 WHAT IS OWNERSHIP?

Independent and general right of a person to control a thing particularly in

his possession, enjoyment, disposition and recovery, subject to no restrictions except
those imposed by the state or private persons, without prejudice to the provisions of the
law[4].

 KINDS OF OWNERSHIP
1. FULL OWNERSHIP — all rights of an owner[4].
2. NAKED OWNERSHIP — ownership where the right to the use and the fruits
have been denied[4].
3. SOLE OWNERSHIP — ownership is only vested in one person[4].
4. CO-OWNERSHIP [4].

 7 RIGHTS OF AN OWNER UNDER ROMAN LAW

Jus possidendi -The right to possess[4].
Jus utendi -The right to use[4].
Jus fruendi -The right to the fruits[4].
Jus abutendi -The right to consume[4].
Jus disponendi -The right to dispose[4].
Jus vindicandi -The right to recover[4].
Jus accessiones -The right to accessories[4].

 MODES OF ACQUIRING OWNERSHIP

I. ORIGINAL MODES, which is independent of any pre-existing or preceding title or

right of another. It includes[5]:
1. OCCUPATION.
Things appropriable by nature that are without an owner, such as animals that are
the object of hunting and fishing, hidden treasure, and abandoned movables, are
acquired by occupation. However, the ownership of a piece of land cannot be
acquired by occupation[5].
2. CREATION OR WORK (intellectual creation) [5].

II. DERIVATIVE MODES, when somebody else was the owner before. It includes [5]:

1. SUCCESSION or through inheritance[5];

 2. DONATION, as when a parcel of land is given gratuitously and accepted and in a
public instrument[5];
3. PRESCRIPTION, as when ownership of land is acquired by adverse possession
for the period of time required under the law, provided the necessary legal
conditions or requisites are present[5];
4. LAW, e.g accession, fruits naturally falling on adjacent land[5].
5. TRADITION, as a consequence of certain contracts (like the contract of sale[5],
barter, assignment, simple loan or mutuum).A perfected sale does not transmit
ownership. It is the delivery or tradition which conveys ownership[5].

 WHAT IS LAND TITLE?

It is evidence of right of owner or extent of his interest, by which means he can

maintain control and as a rule assert right to exclusive possession and enjoyment of
property[6].

The CERTIFICATE OF TITLE contains[7]:

1. Full name of the owner, including the civil status, and the name of the spouse
if married, the nationality and residence and postal address[7].
2. Technical description of the land[7].
3. Annotations[7].

 WHAT IS DEED?

It is instrument in writing which any real estate or interest therein is created,

alienated, mortgaged or assigned or by which title to any real estate may be affected in
law or equity[6].

 MODES OF ACQUIRING LAND TITLES:

TITLE BY PUBLIC GRANT – conveyance of public land by government to a private
individual[6].
TITLE BY ACQUISITIVE PRESCRIPTION – open, continuous, exclusive, notorious
possession of a property[6].
TITLE BY ACCRETION – alluvion[6].
TITLE BY RECLAMATION – filling of submerged land by deliberate act and
reclaiming title thereto; government[6].
TITLE BY VOLUNTARY TRANSFER – private grant; voluntary execution of deed of
conveyance[6].
TITLE BY INVOLUNTARY ALIENATION – no consent from owner of land;
forcible acquisition by state[6].
 TITLE BY DESCENT OR DEVISE – hereditary succession to the estate of deceased
owner[6].
TITLE BY EMANCIPATION PATENT OR GRANT – for purpose of ameliorating
sad plight of tenant-farmers; not transferable except by hereditary succession[6].

 WHAT IS LAND REGISTRATION

It is a judicial or administrative proceeding whereby a person’s claim over a
particular land is determined and confirmed or recognized so that such land and the
ownership thereof may be recorded in a public registry[7].

 TORRENS SYSTEM
It is a system for registration of land under which upon the landowner’s application,
the court may, after appropriate proceedings, direct the issuance of a certificate of title[7].

TORRENS TITLE SYSTEM takes its name from Sir Robert R. Torrens, a native of Ireland who
later became the first premier of South Australia[8].

 TYPES OF TORRENS CERTIFICATE OF TITLE

 ORIGINAL CERTIFICATE OF TITLE
It is the first title issued in the name of the registered owner by the
Register of Deeds covering a parcel of land which had been registered by virtue of
judicial or administrative proceeding[7].
 TRANSFER CERTIFICATE OF TITLE
It is the title issued by the Register of Deeds in favor of the transferee to
the ownership of the already registered land had been transferred by virtue of sale
or other odes of conveyance[7].

 LAWS IMPLEMENTING LAND REGISRATION

 PROPERTY REGISTRATION DECREE – P.D. 1529[7].
 CADASTRAL ACT 2259[7].
 PUBLIC LAND ACT – C.A. 141[7].
 EMMANCIPATION DECREE – P.D. 27[7].
 COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 – R.A. 6657[7].

 TYPES OF REGISRATION
 ORIGINAL REGISTRATION
 It is when the land has been adjudicated and decreed in the name of its
owner in a registration proceeding and the title issued for the first time in pursuant
of such decree is OCT[7].

 SUBSEQUENT REGISTRATION

It is when the land title is cancelled and replaced by another title by reason
of sale or transfer[7].

 HOW TO ACQUIRE ORIGINAL CERTIFICATE OF TITLE OR ORIGINAL

REGISTRATION
1. SURVEY OF LAND[7].
2. APPROVAL OF PLAN[7].
3. FILLING OF APPLICATION FOR REGISTRATION[7].
4. LAND REGISTRATION CASE NUMBER[7].
5. DATE OF HEARING[7].
6. PUBLICATION[7].
7. OPPOSITIONS[7].
8. EVIDENCE[7].
9. DECISION[7].
10. DECREE OF REGISTRATION[7].
11. CERTIFICATE OF TITLE[7].

 WHAT IS LAND SUBDIVISION?

Subdivision is the process of altering legal property boundaries. It usually involves
the dividing of a property into smaller lots. It can also include the realignment of existing
property lines or the consolidation of two or more lots into a single lot[9].
The following are types of subdivision where approval of the Approving Officer
is required:
 Adjusting lot boundaries between two or more lots[9];
 Creating several new lots from one or more lots, lots in a bare land strata
development and strata lots through a phased strata plan[9];
 Subdivision of land the purpose of leasing for a term longer than 3 years[9];
 Air space parcel subdivisions and Strata Conversion[9].

 STEPS TO SUBDIVIDE YOUR LAND

1. DETERMINE YOUR ABILITY TO SUBDIVIDE[10].
2. MEASURE YOUR PROPERTY[10].
3. SUBMIT YOUR APPLICATION[10].
4. APPROVAL[10].
 5. SURVEYOR BEGIN WORKS[10].
6. APPLY FOR CERTIFICATION[10].
7. YOUR LAND HAS BEEN SUBDIVIDED[10]
IV. ASSESSMENT ACTIVITY

Assessment No.2

Student No. Score /10

Course, Year And Section Date

Identify the following questions. Write your answers in LOWERCASE LETTERS

on the space provided before the number.

__________________1. It is levied for the possession, use, exchange, transfer, sale,

donation and inheritance of land.
__________________2. It is the rules define the ways in which property rights to land
are allocated, transferred, used, or managed in a particular society.
__________________3. It is when the land title is cancelled and replaced by another title
by reason of sale or transfer.
__________________ 4. It is the right to the use and the fruits have been denied.
__________________5. It is the independent of any pre-existing or preceding title or
right of another.
__________________6. It is the parcel of land is given gratuitously and accepted and in
a public instrument.
__________________7. It is the process of altering legal property boundaries.
__________________8. It is instrument in writing which any real estate or interest
therein is created, alienated, mortgaged or assigned or by which title to any real estate may be
affected in law or equity.
__________________9. It is evidence of right of owner or extent of his interest, by
which means he can maintain control and as a rule assert right to exclusive possession and
enjoyment of property.
__________________10. It is a system for registration of land under which upon the
landowner’s application, the court may, after appropriate proceedings, direct the issuance of
a certificate of title.

V. RECOMMENDED READING/VIEWING

Read and study the following:

a. Land Use Allocation

b. Land Conversion And Reclassification
c. Land Disposition
d. Land Development
e. Conservation Of Lands
 VI. EVALUATION

Evaluation No.2

Student No. Score /15

Course, Year And Section Date

Identify the following questions. Write your answers in uppercase letter on the space
provided before the number.

__________________1. It is the ownership of land is acquired by adverse possession

for the period of time required under the law, provided the necessary legal conditions
or requisites are present.
__________________2. It is a system for registration of land under which upon the
landowner’s application, the court may, after appropriate proceedings, direct the
issuance of a certificate of title.
__________________3. It is the right to recover
__________________4. It is when the land title is cancelled and replaced by another
title by reason of sale or transfer.
__________________5. It is a judicial or administrative proceeding whereby a
person’s claim over a particular land is determined and confirmed or recognized so
that such land and the ownership thereof may be recorded in a public registry.
__________________6. It is the right to dispose.
__________________7. It is the e.g. accession, fruits naturally falling on adjacent
land.
__________________8. It is the process of altering legal property boundaries.
__________________9. It is the modes of acquiring land titles that open, continuous,
exclusive, notorious possession of a property
__________________10. It is evidence of right of owner or extent of his interest, by
which means he can maintain control and as a rule assert right to exclusive possession
and enjoyment of property.
__________________11. It is levied for the possession, use, exchange, transfer, sale,
donation and inheritance of land.
__________________12. It is the perfected sale does not transmit ownership. it is the
delivery or tradition which conveys ownership.
__________________13. It is the rules define the ways in which property rights to
land are allocated, transferred, used, or managed in a particular society.
__________________14. It is the right to consume.
__________________15. It is the conflicting claims between or among different
interested parties are resolved administratively within the agency adjudicating the
land or through the regular courts.

VII. REFERENCES
1. LAND ADMINISTRATION AND MANAGEMENT SYSTEM
https://lmb.gov.ph/index.php/e-library/86-programs-and-projects/i-land-
administration-and-management-system-lams/150-lams-2016
2. Rebuelta-Teh, A., - The Role of Government in Land Administration and
Management in the Philippines
http://www.lcp.org.ph/UserFiles/League_of_Cities/file/WS7-03-Analiza-
Teh.pdf
3. WHAT IS LAND TENURE?
https://www.land-links.org/what-is-land-tenure/4
https://youtu.be/97guKqie1Bc
4. WHAT IS OWNERSHIP
https://batasnatin.com/law-library/civil-law/property/1133-ownership.html
5. MODES OF ACQUIRING OWNERSHIP
https://www.alburolaw.com/different-modes-of-acquiring-ownership
6. WHAT IS LAND TITLE?
https://lawphilreviewer.wordpress.com/2014/07/31/civil-law-land-titles-
memory-aid/
7. Acuña, J.V., - LAND MANAGEMENT SYSTEM LECTURE 2
8. TORRENS TITLE SYSTEM
https://law.jrank.org/pages/9730/Registration-Land-Titles.html
9. WHAT IS LAND SUBDIVISION?
https://www.peachland.ca/what-is-a-subdivision
10. STEPS TO SUBDIVIDE YOUR LAND
http://www.bohol-realestate.com/how-to-do-land-subdivision/