Revised Administrative Code

Case Overview and Summary

ORGANIZATION OF BUREAU

- The Bureau of Lands shall have a Director of Lands and an Assistant Director of Lands as chief officials. (Section 1843)
- The Bureau of Lands administers laws related to public lands not classified as timber lands, mineral lands, friar lands, and other public real property not under control of other government branches. (Section 1844)
- The Director of Lands can regulate the occupation or provisional use of public lands, including issuing licenses for taking materials like stone, sand, gravel, and earth from public lands or water bodies. Fees collected for such licenses go to the road and bridge fund of the concerned province. Provincial treasurers are designated as deputies of the Director of Lands. (Section 1844)
- Bureau of Lands officers and employees have police authority over non-timber public lands and other public real property under their custody and control. They can execute decisions, resolutions, and decrees of the Bureau of Lands unless revoked or suspended by the Court of First Instance. (Section 1844)
- The Bureau of Lands conducts surveys of public domain and other public property, cadastral surveys, and official surveys of private property. (Section 1844)
- The Bureau of Lands preserves records of Spanish grants and concessions of agricultural or mineral lands and can provide certified copies of such records upon payment of fees (1 peso for each certificate of correctness with seal, 1 peso for each folio or fraction thereof). (Section 1844)
- The Director of Lands, Assistant Director of Lands, and Chiefs of division in the Bureau of Lands can administer oaths, take acknowledgments, and take testimony in official investigations related to the Bureau of Lands. Local land officers, mining recorders, and designated friar-land agents, chiefs of survey parties, or inspectors can also administer oaths, take acknowledgments, and take testimony when deputed by the Director of Lands. (Section 1845)

LAND DISTRICTS

- The Director of Lands can establish land districts, which should be coextensive with provinces or parts of provinces as practicable. (Section 1846)
- Each land district has a local land officer who performs duties related to public agricultural lands under the supervision of the Director of Lands. If no other officer is designated, the provincial treasurer performs the duties of the local land officer. (Section 1847)
- In land districts with sufficient mining interests, there shall be a mining recorder who keeps records and performs duties related to public mineral lands. If no other officer is designated, the secretary of the provincial board performs the duties of the mining recorder. (Section 1848)
- The President of the Philippines can designate any official or employee in the public service to perform the duties of local land officer or mining recorder until other provisions are made for filling such offices. (Section 1849)

CADASTRAL SURVEYS

- The President of the Philippines can order the Director of Lands to make a survey and plan of lands when the public interest requires that the title to such lands be settled and adjudicated. (Section 1850)
- The Director of Lands shall give notice of the survey in the Official Gazette and post notices in the concerned municipality or municipal district, and send a copy to the mayor and provincial board. (Section 1851)
- The surveyor or employee in charge shall give reasonable notice of the day the survey begins, post notices in the concerned municipality or municipal district, and mark the boundaries of the lands with monuments. (Section 1852)
- Surveyors and employees of the Bureau of Lands can enter the lands for making the survey or placing monuments. (Section 1853)
- Claimants of interest in the lands must communicate information about boundary lines to the surveyor in charge upon request. (Section 1854)
- After the survey and platting, the Director of Lands, represented by the Solicitor-General, shall institute registration proceedings against holders, claimants, possessors, or occupants of the lands, stating that the public interest requires settling and adjudicating the title. The petition shall include a description and plan of the lands. (Section 1855)
- The plan shall indicate boundaries or limits of various parcels (known as "lots" with "cadastral numbers") held or occupied by different persons. Lands within each municipality or municipal district shall be numbered consecutively, or block and lot numbers may be used in cities or townsites. (Section 1856)
- The Director of Lands shall certify monthly statements of amounts reimbursed or collected for cadastral surveys to the Auditor General and Treasurer of the Philippines. The Treasurer shall pay the Bureau of Lands an equal amount from the National Treasury, which shall be credited to the appropriation for further cadastral surveys. (Section 1857)

PRIVATE LAND SURVEYS AND SURVEYORS

- The Bureau of Lands can make private land surveys upon application and charge a reasonable fee. (Section 1858)
- Private land surveyors can also make surveys, but plans must be approved by the Director of Lands before being admitted in land registration proceedings. (Section 1858)
- Surveyors making surveys for registration purposes shall give advance notice to adjoining owners and report any objections made by them regarding boundaries. (Section 1859)
- Surveyors shall define boundaries with monuments and indicate on maps or plats the boundaries designated by the applicant and adverse claimants, but the survey work need not be suspended due to objections. (Section 1860)
- If the court finds an adverse claimant's boundary line incorrect in a registration proceeding, the expense of any extra survey required shall be assessed as costs against the adverse claimant. (Section 1861)
- Private land surveyors shall be subject to regulations of the Bureau of Lands and execute surveys according to instructions issued by the Director of Lands. They shall promptly send their original field notes, computations, reports, survey maps, and plats to the Bureau of Lands for verification and approval. (Section 1862)

APPRENTICE AND JUNIOR SURVEYORS

- At the beginning of each school year, the Director of Education shall certify to the Director of Lands the names of students qualified to receive training as surveyors for 5 years under the Bureau of Lands, as provided for in the annual appropriation Acts. (Section 1866)
- To be eligible, a student must be in sound physical condition, of good moral character, at least 17 years old, and have completed the second year of high school or equivalent education. (Section 1866)
- Certified students may be appointed as apprentice surveyors in the Bureau of Lands at an annual compensation fixed by law. They shall continue their studies as determined by the Secretary of Education, with a special course of study in the forenoons and practical work in the Bureau of Lands in the afternoons, Saturdays, and vacations. (Section 1867)
- After one year of service, apprentices shall be examined by the Bureau of Civil Service for appointment as junior surveyors and sign an agreement to remain with the Bureau of Lands for 4 years from the date of appointment as junior surveyor. (Section 1868)
- After three years of service as junior surveyors, students shall be examined by the Bureau of Civil Service for appointment as surveyors. Those who qualify shall be appointed as surveyors at salaries determined by competent authority. Those who fail shall continue as junior surveyors until they qualify or separate from service. (Section 1869)
- Students separating from service during their contract term without approval of the Department Head shall be debarred from holding any position in the Philippine Civil Service. (Section 1870)