Land Law In The Philippines

AN ANALYSIS OF LAND AND PROPERTY LAWS IN THE PHILIPPINES

All land laws are relevant to land valuation and management. But when we discuss land valuation and management, we should be guided by the laws on ownership, land classification, allocation and use, and the regulating laws on utilization, conservation and protection of our land resources.

The three land laws that I find relevant in our understanding of land and real property in the Philippines are the following;

A. The 1987 Philippine Constitution- basic principles of ownership

B. The Local Government Code- implementation at the local government units

C. Executive order No. 64 of 1981 as amended by Executive Order No. 90, series of 1986- regulation on land use SALIENT FEATURES CONTEXT

The 1987 Phil. Constitution The Constitution provides the basic principles on ownership, utilization, classification, disposition and conservation. 2. The Local Govt. Code (1991) • It established the system and powers of provincial, city, municipal and barangay governments in the Philippines. It is the governing law on local governments. It also empowers local governments to enact local tax measures, including real property taxes. It further assures the local governments a share in the national internal revenue.(Source:wikipilipinas.org)

• It gives power to cities and municipalities to reclassify agricultural lands to non-agricultural uses where the land ceased to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture or where the land shall have substantially greater economic value for residential, commercial or industrial purposes as determined by the Sanggunian concerned based on limitations prescribed by law which is 15% for highly urbanized and independent component cities and 10% for first to third class municipality, and fourth to sixth class municipality 5%. This Code or Republic Act No.7160, This code took effect Last January,

90 . The formulation of Executive Order No. 90

Executive Order No. 90 was formulated based on the following;

a. Government recognizes that shelter is a basic need for which low and middle families, particularly in urbanized areas, require assistance;

b. Government has approved a six-year National Shelter Program which aims at providing increased levels of such assistance on a nation-wide basis;

c. There is a need to define the mandates of government agencies involved in housing and to better coordinate and monitor their activities;

d. there is also a need to establish a system that will provide the funds required for long-term housing loans