DOJ BATS FOR STIFFER PENALTIES AGAINST FORGERS OF LAND TITLES
26 October 2007
Beware! forgers this is for you,- to stay longer in prison should a new punishment enacted into law.
The Department of Justice has subscribed to the proposal to upgrade penalties for public and private perpetrators who may be found liable for falsification of the Torrens Certificate of Title(TCT), the country's oldest system of land registration.
“ The Department interposes no objection to the proposal, since the paramount goal of government is the protection of the integrity of the TCT”, Acting Justice Secretary Agnes VST Devanadera said.
The Acting secretary submitted the Department position on Senate Bill Nos. 732 and 1484 entitled “Falsification of Torrens Certificate of Title”. The bills which were initiated following the continuous increase in the number of cases filed in court dockets on frauds and forged documents of land titles, seek to impose stiffer penalties for the falsification or spurious manufacture of TCT irrespective whether by those in the government service or those in the private sector. The lawmakers are likely set to raise the penalties for public officers from prision mayor( 6 yrs and one day to 12) to reclusion perpetua (12 years and 1 day to 20 yrs.) and the penalty for private, from prision correctional (6 months and 1 day to 6 yrs.) to prision mayor.
The Department also agreed with the proposal of the LRA, calling to mete life sentence for falsification of land titles if committed by a syndicate ( a group of 3 or more) or in large scale (3 or more dubious are involved). It also bats for higher penalty if the subject land is one hectare for Metro Manila or other highly urbanized cities, and more than one hectare located in the provinces.
The Torrens Certificate of Title was first devised and introduced in South Australia by Sir Robert Torrens in 1857. The Spanish Mortgage Law, the country's aged system of registration has been discontinued and all lands granted under such system which are not covered by a certificate of title issued under the Torrens System are considered as unregistered. In the Philippine set up, registration of lands starts upon filing of application for registration with the regional trial court. The court may, after appropriate proceedings, direct the issuance of a title.
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