Land use act hinges on local collaboration

Local government units (LGUs) are crucial partners in enacting and implementing the National Land Use Act (NaLUA). NaLUA’s passage would foster cooperation and address land-use challenges, ultimately benefiting all stakeholders – national and local.

This was emphasized by Philippine Institute for Development Studies (PIDS) Senior Research Fellow Adoracion Navarro who presented findings and recommendations from her study, “The Need for a National Land Use Act in the Philippines”, at a recent Socioeconomic Research Portal for the Philippines (SERP-P) knowledge-sharing forum. The study highlights the importance of comprehensive collaboration and integration among stakeholders to effectively address land use challenges and proposes the enactment of NaLUA.

“LGUs have a crucial role in managing land use, but they often lack the necessary guidance and support to address the complexities of conflicting land uses and overlapping claims. By promoting sustainable land use planning and governance, the NALUA seeks to minimize negative externalities and disamenities, ensuring the long-term ecological balance and socio-economic development of the country,” she explained.  The NALUA can provide the framework and standards needed to empower LGUs for effective land use planning and governance.

The author acknowledged existing land use management mechanisms but also revealed a critical gap. “Over half (55 percent) of comprehensive land use plans (CLUPs) are outdated as of July 2023, and four percent of municipalities or cities lack CLUPs altogether. Similarly, 57 percent of provincial development and physical framework plans (PDFPs) are outdated, with 10 percent of provinces missing PDFPs entirely”.  

This affects optimal land zoning, land reclassification, and land use conflict resolution at the local government level. It results in some LGUs becoming unresponsive to the demand for shelter, infrastructure, agricultural production, environmental protection, and industrial development.

Furthermore, data between 2015 and 2020 suggests a sub-optimal utilization of land. This means that the way land is being used in the country is not the most effective or beneficial for various purposes. Barren lands increased significantly over the years, while land used for annual crops, perennial crops, and fishponds declined.

The LGUs’ level of capacity and understanding of land use planning will directly impact the success of NaLUA’s implementation, should it be finally enacted.  “LGU powers need not be diminished and the NaLUA can, in fact, do the reverse. The presence of sanctions and penalties in the proposed legislation is not meant to disempower LGUs, while the benefits are meant for all stakeholders”. Navarro suggested laying down a proposal for upgrading the technical capacity of LGUs in formulating, updating, and implementing CLUPs and PDFPs.

A transdisciplinary approach is needed to strengthen advocacy for the NaLUA. This approach involves incorporating knowledge and perspectives from various disciplines. “We need other disciplines’ languages so that other people can understand us better and be part of our policy advocacy,” she said.

Navarro concluded that there is an urgent need for a comprehensive national land use governance framework to ensure the sustainable and equitable use of this vital resource. “If the Philippines has a national level legislation on the use of water through the Water Code of 1976 and in the governance of air as a resource through the Clean Air Act of 1999, then why not also for land?”.

The Need for a National Land Use Act.pdf

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Source: PIDS

What to do when you lose your land title

A land title is an important document that landowners need to safe keep all the time. It is the best evidence of ownership. It protects your property rights and allows you to enter into transactions involving your land (e.g. sale, lease, mortgage). Without it, questions regarding ownership may arise, especially when other persons have different claims and interests in the land. It will also be difficult, if not impossible, to sell, lease, or mortgage your land.

However, a land title is still a paper document that is very much susceptible to getting lost, stolen, or destroyed. There are different scenarios wherein this could happen, including such natural causes such as fire or flood. What should you do then? Check out this quick guide on how to secure a new owner’s duplicate copy of your land title.

Q: HOW DO I SECURE A NEW OWNER’S DUPLICATE COPY OF MY LAND TITLE?

Both the owner and the Registry of Deeds (“RD”) are supposed to have a copy of the land title. The legal remedy of an owner depends on which copy is lost. 

If the lost or destroyed copy is the one on file with the RD, the remedy is a Petition for Reconstitution of Title, governed by Republic Act No. 26. On the other hand, if it is the owner’s duplicate copy that is lost, the remedy is a Petition for Reissuance of Title, governed by Section 109 of the Property Registration Decree (Presidential Decree No. 1529).

In this article, we will focus our discussion on filing a Petition for Reissuance of Title.

Q: WHAT IS THE PROCEDURE WITH THE REGISTRY OF DEEDS?

STEP 1	NOTICE TO THE REGISTRY OF DEEDS – The notice shall be made in the form of an Affidavit of Loss filed with the RD where the property is located. In the Affidavit, it should be explained how the title was lost.
STEP 2	ANNOTATION OF THE AFFIDAVIT OF LOSS  – The RD will annotate the Affidavit of Loss to the RD’s copy of the title.
STEP 3	SECURE A CERTIFIED TRUE COPY OF THE TITLE WITH THE ANNOTATION OF THE AFFIDAVIT OF LOSS  – You will need this in the next step.

Q: AFTER GOING TO THE REGISTRY OF DEEDS, WHAT DO I DO NEXT?

Filing a Petition for Reissuance of Title is a judicial process, which means that you will need to go to court. The Petition must be filed with the Regional Trial Court, the only court which has exclusive jurisdiction over these kinds of cases.

Q: WHAT IS THE PROCEDURE WITH THE REGIONAL TRIAL COURT?

STEP 1	FILE A PETITION WITH THE REGIONAL TRIAL COURT –  The Petition shall be filed with the Regional Trial Court where the property is located. REMEMBER: You must be able to show that you exerted diligent efforts to look for the owner’s duplicate copy, to no avail.
STEP 2	THE COURT WILL NOTIFY ALL OTHER INTERESTED PARTIES AND SET THE PETITION FOR HEARING – The Court will give notice to the RD and all other interested parties, if there are any, as can be determined in the examination of the land title.
STEP 3	THE COURT WILL ISSUE A DECISION – After notice to all other interested parties and hearing, the court will issue an order directing the issuance of a new owner’s duplicate copy of the land title. The new owner’s duplicate copy is as good as the original copy on file with the RD.
STEP 4	FINALITY – Request for a: (1) copy of the court decision and (2) a Certificate of Finality of Decision. File these with the RD for the issuance of the new owner’s duplicate copy.

Source: Ajalaw

Is an oral sale of land really unenforceable?

In the Philippines, the enforceability of an oral sale of land depends on the circumstances. Let’s explore this further:

• Unenforceability Under the Statute of Frauds:

• Generally, an oral sale of real property is not considered void, but it is unenforceable under the Statute of Frauds. This means that while the oral agreement itself may not be legally binding, it can still have some legal effects.

• The Statute of Frauds requires certain contracts, including real estate transactions, to be in writing to be enforceable. However, there are exceptions.

• Partially or Completely Executed Contracts:

• If the oral sale has been partially or completely executed, it may still be enforceable. In other words, if the parties have already taken significant steps (such as possession, payment, or other acts) based on the oral agreement, it can be upheld.

• The Statute of Frauds is not applicable in cases where the verbal sale has been executed, meaning that the parties have fulfilled their obligations under the agreement.

• Legal Effects Between the Parties:

• Even without a written contract, an oral sale of real estate can still produce legal effects between the parties.

• Courts recognize that practical considerations and actions taken by the parties can validate an oral agreement, especially when it has been acted upon.

In summary, while an oral sale of land is generally unenforceable under the Statute of Frauds, its validity depends on the specific circumstances and whether it has been partially or completely executed.

Source: ZigguratRealestate.ph