Land Titles and Deeds Related Laws Atty. Jess Zachael B. Espejo Casador REPUBLIC ACT NO. 1899 AN ACT AUTHORIZE THE RECLAMATION OF FORESHORE LANDS BY CHARTERED CITIES AND MUNICIPALITIES Section 1. Authority is hereby granted to all municipalities, and chartered cities to undertake and carry out at their own expense the reclamation by dredging, filling, or other means, of any foreshore lands bordering them, and to establish, provide, construct, maintain and repair proper and adequate docking and harbor facilities as such municipalities and chartered cities may determine in consultation with the Secretary of Finance and the Secretary of Public Works and Communications. Section 2. Any and all lands reclaimed, as herein provided, shall be the property of the respective municipalities or chartered cities: Provided, however, That the new foreshore along the reclaimed areas shall continue to be the property of the National Government. Section 3. For the purpose of this reclamation, and of the construction, maintenance and repair of such wharves, piers, docking and other harbor facilities as may be provided in accordance with section one hereof, the municipalities and chartered cities are hereby authorized to contract indebtedness with any person, association, corporation, or lending institution. Upon proper application, a municipality or chartered city may, for the same purpose, likewise issue bonds in such amounts and under such terms and conditions as may be fixed by the Secretary of Finance. Such bonds shall be guaranteed by the Government of the Philippines and their issue, servicing and liquidation shall be undertaken by the Central Bank of the Philippines. Section 4. All lands reclaimed as herein provided, except such as may be necessary for wharves, piers and embankments, roads, parks and other public improvements, may be sold or leased under such rules and regulations as the municipality or chartered city may prescribe. All proceeds derived from such sale or lease, and all berthing and other fees and such other earnings as the municipality or chartered city shall derive from the use of the port facilities and improvements contemplated under this Act, shall be credited to a special fund which shall accrue in the first instance to the sinking fund hereafter provided. Any balance thereof in excess of periodic sinking fund requirements shall be available for other permanent public improvements of the municipality or chartered city. Section 5. Upon application by a municipality or chartered city to issue bonds, the Secretary of Finance, shall determine the borrowing and paying capacity of the applicant, the amount of the issue that may be authorized, and, in consultation with the Monetary Board of the Central Bank of the Philippines, the form, rate of interest, and redemption of said bonds. In the redemption of these bonds the Secretary of Finance may apply the lottery principle by which bonds, drawn by lot, may be redeemed before maturity. Section 6. All laws contracted, and bonds issued, under this Act shall be payable, both as to the principal and interests, in Philippine currency or in the currency in which the principal has been originally received, which fact shall be acknowledged on the face of the note or certificate accomplished therefor, free from any tax or other public impost arising from currency conversion, any existing law to the contrary notwithstanding. Section 7. Bonds issued under this Act shall be exempt from taxation, which fact shall be stated on the face of the certificates which shall be issued in accordance with this Act. Section 8. Should the receipts accruing under section four be
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insufficient to service adequately bonds issued under this Act, the sinking fund deficiency shall be made good by the general funds of the municipality or chartered city in such manner that the annual contribution shall be sufficient to redeem at maturity the bonds issued under this Act. The sinking fund shall be under the custody of the Central Bank of the Philippines which shall invest the same in such manner as the Monetary Board shall approve. Section 9. The provisions of existing laws to the contrary notwithstanding, municipalities and chartered cities are hereby authorized and empowered to execute by administration any reclamation work or any construction authorized in section one hereof: Provided, That all such works shall be prosecuted on the basis of plans and specifications approved by the Director of Public Works: And provided, further, That the District or City Engineer concerned shall certify every statement of accomplished worked that the same is in accordance with the approved plans and specifications. Section 10. This Act shall take effect upon its approval.
Republic Act No. 8371 (October 29, 1997) AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLE, CREATING A NATIONAL COMMISSION OF INDIGENOUS PEOPLE, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: CHAPTER I GENERAL PROVISIONS Section 1. Short Title. - This Act shall be known as "The Indigenous Peoples Rights Act of 1997." Section 2. Declaration of State Policies. - The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the framework of the Constitution: a) The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity and development; b)The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well being and shall recognize the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain; c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and institutions. It shall consider these rights in the formulation of national laws and policies;
but those who hope in the Lord will renew their strength. They will soar on the wings like eagles; they will run and not grow weary, they will walk and not be faint
Land Titles and Deeds Related Laws Atty. Jess Zachael B. Espejo Page 2 of 13 Althea Mae P. Casador d) The State shall guarantee that members of the limited to, residential lots, rice terraces or paddies, ICCs/IPs regardless of sex, shall equally enjoy the full private forests, swidden farms and tree lots; measure of human rights and freedoms without distinctions or discriminations; c) Certificate of Ancestral Domain Title - refers to a title formally recognizing the rights of possession and e) The State shall take measures, with the participation ownership of ICCs/IPs over their ancestral domains of the ICCs/IPs concerned, to protect their rights and identified and delineated in accordance with this law; guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an d) Certificate of Ancestral Lands Title - refers to a equal footing from the rights and opportunities which title formally recognizing the rights of ICCs/IPs over national laws and regulations grant to other members their ancestral lands; of the population and f) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other services of ICCs/IPs, in order to render such services more responsive to the needs and desires of these communities. Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights, taking into consideration their customs, traditions, values, beliefs, their rights to their ancestral domains. CHAPTER II DEFINITION OF TERMS Section 3. Definition of Terms. - For purposes of this Act, the following terms shall mean: a) Ancestral Domains - Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands,inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators; b) Ancestral Lands - Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership,continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not e) Communal Claims - refer to claims on land, resources and