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  1. 1. Cadastre between Peninsular Malaysia and Philippines Compared Fakhrul Aziz 1233282
  2. 2. Topics: 1. The history and development of Cadastre and land administration between these countries. 2. Current Government Departments concerned with Land Administration and also role of surveyors and their practice in these countries 3. Land Administration and Registration System for these countries. 4. Availability of Cadastral records in Peninsular Malaysia and Philippines 5. Model property transactions and transfer of title in Peninsular Malaysia and Philippines. 6. Cadastre 2014
  3. 3. The history and development of Cadastre and land administration between these countries. Peninsular Malaysia:
  4. 4. Peninsular Malaysia: Peninsular Malaysia, they have used Torrens system and it is based on the Fijian Act, It was introduced into the Federated Malay States between 1879 and 1890. Through successful political change in the country, it found statutory expression present in the National Land Code 1965 (NLC) in Peninsular Malaysia National Land Code (NLC) was enacted to establish a uniform system of land to replace the existing system. Prior to the approval of National Land Code, two quite different systems of land ownership exist side by side. Former British colony of Penang and Malacca maintain specific systems to pre-war "Channel" (modelled on English law and conveyance property) in which the exercises are practice is the basis of land while the remaining nine Malay states, by contrast, uses a system based on the principle that private rights in land can get only from real grant by the State or of secondary next state registration of statutory affairs.
  5. 5. Philippines:
  6. 6. History: • Cadastral survey program in the Philippines can be said to have its beginning as early as 1903 when the American Civil Government in the Philippines who bought in 1902, • some 410,000 hectares of land and have their monks studied and provided to residents under agricultural schemes of reform. Actual opening of the cadastral projects under the present numbering system. • began in November 1909 with the first project numbered as Cadastral Project No. 1 which includes the city of Pilar Bataan Province. • American Surveyor merely exercising cadastral survey from 1909 to 1915. American surveyor’s participation has gradually reduced until 1921 when surveying the Philippines did all the implementation of the study. • Formation cadastral program took shape with the passage of the Cadastral Act, 2259 Act, on February 11, 1913. This has been the official mandate of Lands authorized to conduct cadastral survey. • Act 2259, provided a mechanism for registration of all landholdings covered by the cadastral survey
  7. 7. Current Government Departments concerned with Land Administration and also role of surveyors and their practice in these countries That can be divided into 3 sectors: -Government organization. -Private sector -Professional organization
  8. 8. Peninsular Malaysia: Government organization: -State Land Office -Department of Lands and Mines -Department of survey and Mapping Malaysia(DSMM) • Peninsular Malaysia is a federation of states, each of which is responsible for matters of their own. Domestic handling all the Torrens system of registration, which is administered by the State Land Office and coordinated by the Department of Lands and Mines. However, the cadastral survey administered by Department of Survey and Mapping Malaysia (DSMM), a federal department DSMM is responsible for carrying out the cadastral survey in Peninsular Malaysia but is supported by the number of licensed land surveyor, they are responsible for the engineering and study breaks.
  9. 9. Private sector: • In Peninsular Malaysia, private land surveyors firm implements most of cadastral surveys. • their work will be submitted to the Department of Survey and Mapping for examination and approval. With few exceptions. • all engineering surveys are carried out by the private sector. In addition, most of the task of creating Cadastral Database for Peninsular Malaysia, as well as a number of tasks assigned cadastral innovation, has been channelled to the sector as well.
  10. 10. Professional Organization: -Institution of Surveyors Malaysia (ISM) is the leading professional organization representing the surveying profession in Malaysia, where membership is open to those in both the public and private sectors. It consists of four main parts; -land surveying, -property valuation, -quantity surveying and -building surveying. • licensed land surveyors who have their own association, called the Malaysian Association of Authorised Land Surveyors (MAALS). To some extent, MAALS have responsibilities relating to professional licensed land surveyor and improved their surveying services. • In term of licencing, Land surveyors carrying out cadastral surveys are required by law to be licensed by the Land Surveyors Board of Peninsular Malaysia (LSBPM).
  11. 11. Philippines Government organization: Government agencies involved in surveying and titling activities ; - Department of Environment and Natural Resources (DENR) - Department of Agrarian Reform (DAR), -National Commission on Indigenous Peoples (NCIP) during the titling Administration, and Court of Justice - Regional Trial Court (RTC) - Municipal Trial Court (MTC) for Cadastral proceedings.
  12. 12. Cont.. In the Philippines, the Department of Environment and Natural Resources (DENR) through the Bureau of Land Management is mandated to administer and manage public land, land owned by the government and all other lands not placed under government agencies to another according to the Commonwealth Act 141, as amended, otherwise known as the Public Land Act and 2259 Cadastral Act Republic Act No. 6657 otherwise known as the law of the Comprehensive Agrarian Reform. There are two processes obtaining the title, one judicial and the other is administrative. In judicial titling there are two proceedings ; • the Property Registration Decree, Decree 1529 and • cadastral proceedings administered by the Cadastre Act, 2259 Act
  13. 13. Private sector: • Cadastral Survey Project in the years before was fully implemented by the Bureau of Land surveyors. • The 2989 Act allows private surveyors to carry out cadastral projects on assignment by the Bureau of Land cadastral survey. • The law was amended by the 3327 Act authorized private cadastral surveyors for cadastral negotiate with the local government units concerned but with the technical supervision provided by the Bureau of Land.
  14. 14. Professional organization: • In Philippines, surveyors, known as Geodetic Engineers, are compiled into a professional organization called the Geodetic Engineers Philippines (GEP) • consists of approximately 5,816 geodetic engineer and approximately 7,000 junior associate geodetic engineers.
  15. 15. Land Administration and Registration System for these countries. Rights to property and land ownership Proprietary right to land ownership
  16. 16. Rights to property and land ownership • in Malaysia the right to own property is given constitutional protection under Article 13 of the Federal Constitution which states that, no person shall be deprived of property save in accordance with law and no law shall provide for the compulsory acquisition of use of property without adequate compensation. It may understand that anybody who is able and capable of owning property can do so and he shall not be deprived of his property and ownership therein saves in accordance with law. It follows that his property could not be acquired compulsorily without due consideration or adequate compensation. • In the Philippines, the right to own property is also afforded protection and embodied in the Philippines Constitution. It is vested right and enjoys constitutional protection. Although, it is constitutional mandate, however, does not prevent the government from taking the private property of the Philippines citizens pursuant to eminent domain proceedings or through the exercise of police power. Due process does require that before the government can legally confiscate vested property rights, it is must minimum give the owner prior notice of the confiscation plan and a meaningful opportunities to be heard before the land is taken.
  17. 17. Proprietary right to land ownership Peninsular Malaysia: • Under the National Land Code, 1965 the concept of land ownership is tied up and relates to the concept of the indefeasibility of title. This is derived from Torrens system, a system of land registration that establishes and certifies under the authority of the State Government, the ownership of an indefeasible title to land simplifies, hastens and cheapens all dealings thereof Philippines: • It was the Spaniard Mortgage Law and later Maura Law that make registration of titles to all private lands compulsory. The need for the registration of title was intensified via the Public Land Registration Act of 1902. With the introduction of the new land laws which gave to title holders the ownerships of the lands, private and individual ownership of land bloomed all over the Philippine
  18. 18. Availability of Cadastral records in Peninsular Malaysia and Philippines Peninsular Malaysia: -The development of Land Office Geospatial Database (PDGT) -Computerized Land Registration System (CLRS); • information on ownership, • land identification, restrictions and • record of dealings Philippines: -Managed by the government such as Land Records Management and Information System (LRMIS) and Land Administration and Management Project (LAMP).
  19. 19. Model property transactions and transfer of title in Peninsular Malaysia and Philippines. Peninsular Malaysia: -Approval and written consent from the State Authority to allow the sale and transfer of such property by the seller to the buyer Philippines: -8 procedures of transferring property.
  20. 20. Peninsular Malaysia
  21. 21. Philippines Prepare the notarized deed of sale and related documents Pay documentary stamp tax and final capital gains tax for the transfer of real property Obtain certified true copy of latest tax declaration and certificate of "with improvement" from the City Assessor’s Office (CAO) Obtain Certificate Authorizing Registration (CAR) from the Bureau of Internal Revenue (BIR) Obtain tax clearance certificate of real property taxes from the Land Tax Division of the City Treasurer’s Office (CTO) Obtain new tax declaration over the building and the land in the name of buyer from CAO Pay the transfer tax at the CTO Apply for registration with the Register of Deeds
  22. 22. Cadastre 2014 Cadastre 2014, developed by FIG-Commission 7, is a vision for the cadastral systems of the future. It is a system envisioned to predict the trends of developments in the field of cadastral systems and to devise a system that can handle such changes to the best of its abilities. Gap analysis has been performed between the current cadastral practices and the framework given by the standard Cadastre 2014. It has shown the level of implementation of six statements of Cadastre 2014 across 41 countries. From finding sit is apparent that developed countries or regions have high values of implementation due to their better adoption of Cadastre 2014. Similarly developing countries such as Philippines and Malaysia or regions have lower values of Cadastre2014 implementation. It has shown that comparing otherwise heterogeneous a cadastral system, on the basis of the six statements of Cadastre 2014, provides an easier and more generic comparative analysis.
  23. 23. References: Cadastral Template, 2003, Country Report 2003 – Malaysia [Online] Available at: http://www.cadastraltemplate.org/countryreport/Malaysia.pdf (accessed 1st May 2013) Property frontiers. (2010). Malaysia: Buyers' Guide. Available: http://www.propertyfrontiers.com/research/country-guides/asiapacific/malaysia/buyers-guide.aspx. Last accessed 4th May 2013. Malaysia Geoportal. (2013). Development of Land Office Geospatial Database (PDGT). Available: http://www.mygeoportal.gov.my/en/node/1837. Last accessed 1st may 2013. ALISTAIRE. (2008). To sell promises. Available: http://readinglaw.wordpress.com/tag/malaysian-land-law/. Last accessed 3rd May 2013. The World Bank. (2013). Registering Property in Philippines. Available: http://www.doingbusiness.org/data/exploreeconomies/philippines/registeringproperty/. Last accessed 3rd May 2013. PERBADANAN PUTRAJAYA . (2006). National Land Code 1965. Available: http://www.putrajaya.net.my/portal/page?_pageid=311,478584&_dad=portal&_schem a=PORTAL. Last accessed 2nd May 2013. Thess R. (2005). The Land Registration Authority of the Philippines. Available: http://www.golflivingph.com/realestatelaws/lra.htm. Last accessed 3rd May 2013.
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