Land Rights and the Slums Attorney Ranier Chu and Pastor Isidoro Rabma at the UCPP Manila, Philippines
An introduction to land ownership in the Philippines • As Church planters we will be involved in land issues in the following ways; - Helping squatter communities get title for their land so they can secure tenure - Finding land on which to build a Church that is legal to ensure security of title
Title documents in the Philippines • TCT - Transfer Certificate of Title • OCT - Original Certificate of Title • LRA – Land Registry Authority is under the Department of Justice • All documents are registered with the Registrar of Deeds at the Land Registry Authority • A parcel of land is called a Lot.
Re-constituted titles • When land has been misused and land owners may apply for a re-constituted title to correct and anomaly new titles will only be issued after new subdivision plans have been submitted by an attorney. This process with take about one year. • Never buy land without first sighting the title and checking that the buildings are correctly positioned on the Lot
Legal descriptions • Lot No. ???, Certificate of Title No. ???? • Subdivision Plan – shows how the land is to be sub-divided and it must be approved by the Government. Then the parcels of land involved in the subdivision are allocated a Lot No. and appear on a Certificate of Title.
Number of dwellings on a lot? • On one lot there may be a number of dwellings. These are divided into dwellings A, B, C, D, etc. • The Local authority building department has rules related to how many dwellings can be legally built on a lot. You must find out this information before building dwellings on the Lot.
Surveying • To be sure where the boundaries of the land are you employ a surveyor to ascertain where the boundaries of the land are • The Surveyor finds or calculates survey points from which to calculate the boundaries of the Lot. • The survey points are usually marked in the street
Building Permit • To construct buildings on the land you need to obtain a building permit
Construction • Construction has two main components; - Land development Never buy land until you have seen the legitimate title to the land and made sure the person selling to you is the legitimate owner. Employ and Attorney to help you in this process - Building Never build a building without a building permit
Land • Ownership –acquired, rights (temporary with authorization or without) • Development –earthmoving, roads, curbs and gutter, drainage, water line, sewer line, light, telephone, gas pipeline etc. • Cost estimate in 2005 ranges from P1,000 to P10,000 per square meter
Building • Cost estimates should be between P15,000 to P30,000 per square meter. • Plans, designs, structural strength calculations and specifications will be needed to be submitted with the building permit application • Estimate the total amount to build making a list of all materials and costs involved in the project • Funds. Ensure that all funds are accounted for and sufficient to pay for the whole project
Implementation of the construction • Start only after you have got the building permit • Make arrangements for temporary facilities for the Church to meet in while the construction is underway • Actual construction involves civil works-layout, excavation, soil testing for strength, foundation laying, rebars, form works for the steel in the foundation tied into the walls, columns, beams, concrete pouring, slabs, plumbing, masonry, electrical, waterline, fire hydrant, extinguishers, stairs, ceiling, partitions, tile works, roofing, water tanks, water proofing etc. • Finishing works – floor finishes, wall finishes, lattice works and interior designs, painting and varnishing, lighting, and curtains etc