LEC 4

PHILIPPINE CONSTITUTION OF 1987

ARTICLE 12: NATIONAL ECONOMY AND FOUR GREAT POWERS OF THE STATE
PATRIMONY SECTION 2: “All lands of the WITH RESPECT TO LAND
public domain, waters, minerals, coal, ▪ POWER OF EMINENT DOMAIN
petroleum, and other mineral oils, all forces ➢ This is the power of the state to take
of potential energy, fisheries, forests or private property for public use, with just
timber, wildlife, flora and fauna, and other compensation to the owner.
natural resources are owned by the State. ➢ This power is used to acquire land for
With the exception of agricultural lands, all public purposes, such as building highways,
other natural resources shall not be airports, or public facilities.
alienated. The exploration, development, and ▪ POWER OF TAXATION
utilization of natural resources shall be under ➢ The state has the power to levy taxes on
the full control and supervision of the State… landowners and real estate, in order to raise
The State may directly undertake such revenue for public purposes such as funding
activities, or it may enter into co-production, schools, healthcare, or infrastructure
joint venture, or production sharing development.
agreements with Filipino citizens, or ▪ POWER OF LAND USE REGULATION
corporations or associations at least sixty per ➢ The state has the power to regulate the
centum of whose capital is owned by such use of land through zoning and other land
citizens. Such agreements may be for a use regulations. This power is used to control
period not exceeding twenty-five years, development, protect the environment, and
renewable for not more than twenty-five ensure the efficient use of land
years, and under such terms and conditions ▪ POWER OF LAND USE REGISTRATION
as may be provided by law. In cases of water ➢ The state has the power to establish and
rights for irrigation, water supply fisheries, or maintain land registration systems to record
industrial uses other than the development and protect land rights. This power is used to
of water power, beneficial use may be the ensure that land ownership is clear, and to
measure and limit of the grant.” protect landowners from fraud or disputes
over land boundaries.
BASIC FUNCTION OF THE STATE
• PROVIDING SECURITY BASIC ROLES OF THE STATE
➢ The state is responsible for maintaining ❑ REGULATION AND CONTROL
law and order and protecting citizens from ➢ The state has a role in regulating and
external and internal threat. controlling economic activity and social
• PROTECTING INDIVIDUAL RIGHTS behavior in order to promote the well-being
➢ The state is responsible for protecting the of citizens and protect the environment. This
basic rights of its citizens, such as freedom of includes setting standards and enforcing
speech, religion, and association. regulations for environmental protection,
• PROVIDING ESSENTIAL PUBLIC GOODS worker safety, consumer protection, and
AND SERVICES other areas.
➢ The state is responsible for providing ❑ PLANNING AND COORDINATION
essential goods and services, such as ➢ The state has a role in planning and
education, healthcare, and infrastructure, coordinating development activities to
that cannot be efficiently provided by the ensure that resources are used effectively
private sector. and efficiently. This includes land use
• REGULATING ECONOMIC ACTIVITY planning, transportation planning, and other
➢ The state is responsible for regulating types of urban and regional planning.
economic activity to ensure that markets ❑ REDISTRIBUTION
function efficiently and fairly, and to protect ➢ The state has a role in redistributing
consumers from harm. resources in order to promote social justice
• REDISTRIBUTING RESOURCES and reduce inequality. This includes social
➢ The state may engage in redistributive welfare programs, progressive taxation, and
policies to promote social justice and reduce other policies that aim to redistribute wealth
inequalities of wealth and income. and income.
• DIPLOMACY AND FOREIGN RELATIONS ❑ PROVISION OF GOODS AND SERVICES
➢ The state is responsible for representing its ➢ The state has a role in providing public
citizens in relations with other nations, and goods and services that are necessary for
for engaging in diplomacy to promote the well-being of citizens, but which are not
international cooperation and security. provided by the market. This includes
services such as education, healthcare, and • Department of Agrarian Reform
transportation infrastructure. • Department of Agriculture
❑ CONFLICT RESOLUTION • National Commission on Indigenous
➢ The state has a role in resolving conflicts People
that arise between different groups in o LANDOWNERS AND USERS
society, such as conflicts over land use or ➢ Landowners and users have a direct
resource allocation. This may involve interest in land administration and
mediation, negotiation, or other forms of management, as they are the primary
conflict resolution. stakeholders in land use decisions. They may
include individuals, businesses, and
KEY PLAYERS INVOLVE IN LAND communities.
ADMINISTRATION AND MANAGEMENT o SURVEYORS AND GEOSPATIAL
o GOVERNMENT AGENCIES PROFESSIONALS
➢ Government agencies at the national, ➢ Surveyors and geospatial professionals
regional, and local levels play a key role in play a key role in land administration and
land administration and management. These management by providing accurate
agencies may be responsible for land use information about the location and
planning, land registration and titling, and boundaries of land parcels.
enforcement of land use regulations.
o GOVERNMENT AGENCIES o LAWYERS AND LEGAL PROFESSIONALS
➢ Some of the government agencies are as ➢ Lawyers and legal professionals are
follows: involved in many aspects of land
• Department of Environment and Natural administration and management, including
Resources property transactions, disputes over land
➢ cadastral surveys ownership or use, and regulatory
➢ approval of subdivision plans compliance.
➢ issuance of first time titles through o FINANCIAL INSTITUTIONS
administrative process ➢ Financial institutions, such as banks and
➢ management of public domain mortgage lenders, are often involved in land
➢ processing of Proclamations administration and management by
o GOVERNMENT AGENCIES providing financing for property transactions
➢ Some of the government agencies are as and development projects.
follows: o NON-GOVERNMENTAL ORGANIZATION
• Department of Finance ➢ NGOs may be involved in land
➢ issues valuation standards administration and management through
➢ monitors Local Government Unit tax activities such as community land mapping,
collections advocacy for land rights, and support for
➢ supervises Treasurers sustainable land use practices.
o GOVERNMENT AGENCIES o ACADEMIA AND RESEARCH
➢ Some of the government agencies are as INSTITUTIONS
follows: ➢ Academia and research institutions
• Land Registration Authority and Registry of contribute to land administration and
Deeds management by conducting research,
➢ registration of titled properties and developing new technologies and
transactions on these methodologies, and providing education and
➢ approval of subdivision plans, training to professionals in the field.
issuance of judicial titles
➢ reconstitute title ROLES OF PRIVATE SECTORS IN LAND
o GOVERNMENT AGENCIES ADMINISTRATION AND MANAGEMENT
➢ Some of the government agencies are as • LAND DEVELOPMENT
follows: ➢ Private developers play a key role in
• Local Government Units developing land for residential, commercial,
➢ property valuation and tax mapping and industrial use. They invest capital in the
➢ collection of RPTs development process, including land
➢ Comprehensive Land Use Plan acquisition, construction, and infrastructure
preparation development.
➢ investments in land management • LAND USE PLANNING
and development ➢ land parcel ➢ Private sector firms, such as planning
inventory consultants and design firms, provide
o GOVERNMENT AGENCIES expertise in land use planning and design.
➢ Some of the government agencies are as They may work with public sector agencies
follows: to develop comprehensive plans, zoning
regulations, and other policies that guide to ensure that they are effective,
land use and development. transparent, and accountable. This includes
• PROPERTY MANAGEMENT monitoring land use changes, tracking the
➢ Private sector firms, such as real estate allocation of land and natural resources, and
management companies, provide property evaluating the impacts of development on
management services to property owners. local communities and the environment.
These services may include leasing,
maintenance, and tenant relations. “ LIFE HAS TWO RULES: 1.NEVER QUIT
• LAND SURVEYING AND MAPPING 2. ALWAYS REMEMBER RULE # 1”
➢ Private sector firms provide land surveying
and mapping services to public and private
sector clients. This includes surveying land
boundaries, preparing cadastral maps, and
providing geographic information systems
(GIS) services
• LAND VALUATION AND APPRAISAL
➢ Private sector firms provide valuation and
appraisal services to property owners,
developers, and lenders. These services help
determine the market value of land and
property, which is important for investment
decisions and financing.

• FINANCING
➢ Private sector lenders provide financing for
land development and property acquisition.
They may provide loans for construction,
bridge financing, and other types of financing
that support land development.

ROLES OF NON-GOVERNMENTAL
ORGANIZATION IN LAND
ADMINISTRATION AND MANAGEMENT▪
ADVOCACY
➢ NGOs advocate for the rights of
communities and individuals who may be
marginalized or disadvantaged in the context
of land administration and management. This
includes advocating for land tenure security,
access to land and natural resources, and
protection of land rights.
▪ COMMUNITY PARTICIPATION
➢ NGOs facilitate community participation in
land administration and management
processes, including land use planning,
resource management, and dispute
resolution. This helps ensure that the needs
and perspectives of local communities are
taken into account in decision-making
processes.
▪ RESEARCH AND ANALYSIS
➢ NGOs conduct research and analysis on
issues related to land administration and
management, including land tenure systems,
land use patterns, and the impacts of
development on land and natural resources.
This helps inform policy and practice in these
areas.
▪ MONITORING AND EVALUATION
➢ NGOs monitor and evaluate land
administration and management processes