1. Cadastre between
Peninsular Malaysia and
Philippines Compared
Fakhrul Aziz
1233282

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. The history and development of Cadastre
and land administration between these
countries.
Peninsular Malaysia:

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. Philippines:

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. 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. 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. 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. 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. 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. 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. 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. 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. Land Administration and Registration
System for these countries.
Rights to property and land ownership
Proprietary right to land ownership

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. 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. 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. 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. Peninsular Malaysia

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. 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. 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.