INTEGRATE. PROPEL. SUSTAIN
Technology and Knowledge Transfer
Technology and Knowledge Transfer
and Management - Philippines
Center for Land Administration
Land Management Bureau
LMB-CLAMP
© 2010 Land Management Bureau / Center for Land Administration and Management - Philippines
Land Administration and Management Project Phase I
As a first step towards the implementation of the long-term Program, the GOP sought the support of the World Bank and AusAID for funding. LAMP 1 was designed as a Learning and Innovation Loan to lay the foundations for the subsequent phases through the development of appropriate policy proposals and enable the testing of alternative approaches to improve the land administration systems.
Between 1999 and 2000 the GOP, the World Bank and AusAID collaborated in the design of LAMP 1 with the specific purpose of:
·building consensus among GOP institutions in key policy areas of land administration and commencing implementation of recommended changes to the system;
·testing, via prototypes, of efficient procedures for land registration and land records management that will eliminate fake and duplicate titles and increase public confidence in the land administration system; and
·developing a firm institutional base for subsequent phases of the LAM Program.
In January 2001 the GOP approved the implementation of LAMP I. The discussion that follows details the progress for each of the project components, the outstanding issues and lessons learned to date.
1. Policy Studies, Consensus-building and Policy Mainstreaming This component provides support for the study of priority land policy issues and consultations on the changes required to laws, regulations, procedures and institutional responsibilities to be agreed in readiness for the implementation of LAMP II. The study areas include:
·Institutional Structure - which details the existing institutional responsibilities for land administration and management; evaluates their effectiveness and appropriateness and identifies areas and options for improvement; identifies changes which are within the authority of individual agencies; and secures interagency agreements to implement improvements and change. The lead agency is DBM-OPIB.
·Fragmented Land Laws and Regulations - which reviews and builds upon previous work undertaken on laws and regulations in the areas of public land disposition, land titling and land registration; examines and updates the relevance of these; and identifies options for change and determines implications for implementation. The lead agency is the DOJ.
·Finance and Fee Structure - which details: the current tax and fee structure to validate the perception that high fees and taxes are a disincentive for both initial and subsequent land registration; the financial status and income and expenditure flows of land administration and management; a model that allows the impact of suggested changes to be examined from a financial and economic point of view. The lead agency is the DOF-NTRC.
·Land Valuation - which details the current role of property valuation, its strengths and weaknesses, the cost of the existing system; and options and costs for establishing a framework for a market-based property valuation system in accordance with internationally accepted standards. The lead agency is the DOF-NTRC.
·Forest Boundary Delineation - which details a system for data-basing the general characteristics of various land uses in the uplands; a policy framework on what to do with areas not being used in accordance with their existing land classification; and develops further studies to address gaps in the policy framework. The lead agency is DENR.
·Land Development Process - which details and proposes improvements to the existing system of land allocation and utilization so as to effect the highest and best use of land for present and future generations. The lead agency is NEDA-RDCS.
The most effective approach to systematic titling is now clear. The testing of Judicial Titling highlighted operational difficulties arising from the involvement of multiple agencies in the process and the lack of control over the delivery of titles because of the dependence on the courts. It is a highly technical process which involves multiple reviews by lawyers. As of this writing there has not been one title issued during the pilots using judicial titling. On the other hand, the Free Patent pilots have resulted in the issuance of 347 titles, with the first batch of titles from the integrated field operations approach (commenced in March 2004) expected to come out only three months after implementation started.
Between 1999 and 2000 the GOP, the World Bank and AusAID collaborated in the design of LAMP 1 with the specific purpose of:
·building consensus among GOP institutions in key policy areas of land administration and commencing implementation of recommended changes to the system;
·testing, via prototypes, of efficient procedures for land registration and land records management that will eliminate fake and duplicate titles and increase public confidence in the land administration system; and
·developing a firm institutional base for subsequent phases of the LAM Program.
In January 2001 the GOP approved the implementation of LAMP I. The discussion that follows details the progress for each of the project components, the outstanding issues and lessons learned to date.
1. Policy Studies, Consensus-building and Policy Mainstreaming This component provides support for the study of priority land policy issues and consultations on the changes required to laws, regulations, procedures and institutional responsibilities to be agreed in readiness for the implementation of LAMP II. The study areas include:
·Institutional Structure - which details the existing institutional responsibilities for land administration and management; evaluates their effectiveness and appropriateness and identifies areas and options for improvement; identifies changes which are within the authority of individual agencies; and secures interagency agreements to implement improvements and change. The lead agency is DBM-OPIB.
·Fragmented Land Laws and Regulations - which reviews and builds upon previous work undertaken on laws and regulations in the areas of public land disposition, land titling and land registration; examines and updates the relevance of these; and identifies options for change and determines implications for implementation. The lead agency is the DOJ.
·Finance and Fee Structure - which details: the current tax and fee structure to validate the perception that high fees and taxes are a disincentive for both initial and subsequent land registration; the financial status and income and expenditure flows of land administration and management; a model that allows the impact of suggested changes to be examined from a financial and economic point of view. The lead agency is the DOF-NTRC.
·Land Valuation - which details the current role of property valuation, its strengths and weaknesses, the cost of the existing system; and options and costs for establishing a framework for a market-based property valuation system in accordance with internationally accepted standards. The lead agency is the DOF-NTRC.
·Forest Boundary Delineation - which details a system for data-basing the general characteristics of various land uses in the uplands; a policy framework on what to do with areas not being used in accordance with their existing land classification; and develops further studies to address gaps in the policy framework. The lead agency is DENR.
·Land Development Process - which details and proposes improvements to the existing system of land allocation and utilization so as to effect the highest and best use of land for present and future generations. The lead agency is NEDA-RDCS.
The most effective approach to systematic titling is now clear. The testing of Judicial Titling highlighted operational difficulties arising from the involvement of multiple agencies in the process and the lack of control over the delivery of titles because of the dependence on the courts. It is a highly technical process which involves multiple reviews by lawyers. As of this writing there has not been one title issued during the pilots using judicial titling. On the other hand, the Free Patent pilots have resulted in the issuance of 347 titles, with the first batch of titles from the integrated field operations approach (commenced in March 2004) expected to come out only three months after implementation started.