Law Summary

Purpose and Context

This memorandum order addresses the legal implications associated with changes in the name and location of lots in survey plans due to various administrative and political changes affecting Local Government Units (LGUs). It establishes a requirement for documenting the legal basis for such changes in order to prevent confusion and subsequent legal disputes.

• Background: Changes in lot names and locations often occur due to:
  • Creation, division, merger, abolition, or alteration of political boundaries of LGUs.
  • Transfer of lots between different political units.
• Issue: Previous practices did not document the legal basis for these changes, leading to confusion and legal actions regarding lot identification.

Legal Basis Annotation Requirement

To address the aforementioned issues, the memorandum mandates that the legal basis for any change in the name and location of lots must be explicitly annotated on survey plans.

• Legal Basis Details: The annotation must include:
  • Type of legal basis (e.g., Presidential Proclamation, Republic Act, Sanggunian Resolution Number).
  • Date of effectivity of the legal basis.
• Location of Annotation: The legal basis should be noted in the designated "Notes" section located at the bottom left corner of the survey plans.

Compliance and Implementation

All involved parties must adhere to the new requirements set forth in this memorandum order to ensure uniformity in the processing of survey plans.

• Adoption Date: The memorandum was formally adopted on October 30, 2006, by Secretary Angelo T. Reyes.
• Compliance Responsibility: It is imperative for personnel at DENR Regional Offices and other relevant agencies to implement these guidelines in their processing of survey plans.

Consequences of Non-Compliance

While specific penalties or liabilities are not detailed in the memorandum, the implication of failing to comply with the annotation requirement may result in:

• Increased likelihood of legal disputes.
• Confusion in lot identification leading to administrative inefficiency.

Cross-References

The memorandum refers to various forms of legal authority, including:

• Presidential Proclamations.
• Republic Acts.
• Resolutions from local legislative bodies (Sanggunians).

Key Takeaways

• The memorandum establishes a clear requirement for annotating the legal basis of name and location changes in survey plans to enhance clarity and reduce legal disputes.
• All changes must be documented with specific legal citations and their effective dates in the designated area of the survey plan.
• Compliance is mandatory for relevant DENR personnel to ensure uniformity and legal integrity in land surveys.