Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

271

House Bill No.,

Introduced by
ANAKALUSUGAN REPRESENTATIVE MICHAEL T. DEFENSOR

AN ACT IMPROVING CONFIRMATION OF IMPERFECT TITLES UNDER SECTION 14
OF PRESIDENTIAL DECREE NO. 1529, IMPROVING THE PROCESSING OF
AGRICULTURAL FREE PATENT UNDER SECTION 44 OF COMMONWEALTH ACT
NO. 141, AND REMOVING THE PERIOD TO FILE APPLICATIONS THEREAT UNDER.
REPUBLIC ACT NO. 9176

EXPLANATORY NOTE

Property rights are important to the country's growth and development. Unclear and
unenforceable rights to property could lead to underinvestment, undervalued
properties, land grabbing, fake titling and lack of access to credit. Land title is a clear
proof of ownership and is important to the protection of property rights.

In the Philippines, title to land can be obtained through either administrative mode or
judicial mode. In 2010, under Republic Act No. 10023 (Residential Free Patent Act),
Congress liberalized the titling process in residential lands by allowing administrative
issuance of free patents to those who have been in actual occupation of residential
public lands for a period of 10 years. Congress simplified the process of titling of
residential lands, set a shorter period of possession for applicants to comply and at the
same time, imposed upon the Department of Environment and Natural Resources
(DENR) a period of 120 days to process applications. The law is an instant success and
thousands of citizens filed free patent applications, with the DENR processing record
breaking numbers in its first years of implementation with more than 362,529 titles*
issued to date.

However, government data on public land titling show that only 5,174? titles were
confirmed by the courts in the last 10 years. Court titling has steadily declined, with
only around 140 titles? issued in 2017.

1 Residential free patents issued from 2011 to 2017, DENR data
2 Decrees issued from 2008-2017, Land Registration Authority (LRA)
SLRA

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‘The steady decline in court-issued titles was due to the court's recent strict and literal
interpretation on land laws. Although the court recognizes the countrywide
phenomenon of untitled lands and the problem of informal settlement, the court puts
the burden in Congress to improve land tenure in the country saying that:

"It could only be up to Congress to set forth a new phase of land
reform to sensibly regularize and formalize the settlement of such
lands, which in legal theory are lands of the public domain, before the
problem becomes insoluble. This could be accomplished, to cite two
examples, by liberalizing the standards for judicial confirmation of
imperfect title, or amending the Civil Code itself..*

Moreover, Republic Act No. 9176 which allows titling through judicial and
administrative legalization of titles, is about to expire on December 31, 2020. This
means that titling will come toa grinding halt.

The proposed law aims to improve the efficiency of land titling by adopting the
processes introduced under R.A. No. 10023 to Agricultural Free Patent under Section 44
of Commonwealth Act (CA) No. 141 (Public Land Act), integrate and liberalize court
confirmation of imperfect titles under the provisions of Presidential Decree (PD)
No. 1529 (Property Registration Decree) and CA No. 141, and remove the time period
for application on both free patent and confirmation of imperfect title that is about to
expire on December 31,2020.

In view of the foregoing, the passing of this bill is earnestly wag

Cd

MIC! “MIKE” DEFENSOR
Representative
ANAKALUSUGAN PARTY-LIST

4 En Bane Decision in Malabanan vs. Court of Appeals, G.R. No. 179987, April 29, 2009 and in Republic vs.
Gielezyk, GR No. 179990, October 23, 2013.
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

271

House Bill No.

Introduced by
ANAKALUSUGAN REPRESENTATIVE MICHAEL T. DEFENSOR

AN ACT IMPROVING CONFIRMATION OF IMPERFECT TITLES UNDER SECTION 14
OF PRESIDENTIAL DECREE NO. 1529, IMPROVING THE PROCESSING OF
AGRICULTURAL FREE PATENT UNDER SECTION 44 OF COMMONWEALTH ACT
NO. 141, AND REMOVING THE PERIOD TO FILE APPLICATIONS THEREAT UNDER
REPUBLIC ACT NO. 9176

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Declaration of Policy. — It is the declared policy of the State to simplify,
update and harmonize similar and related provisions of land laws in order to simplify and
remove ambiguity in its interpretation and implementation. It is also the policy of the State to
provide land tenure security by continuing judicial and administrative titling processes.

SECTION 2. Judicial Confirmation of Imperfect Title. - The qualifications provided
in Section 14 of Presidential Decree No. 1529 and Sections 47 and 48, Chapter VII of
Commonwealth Act No. 141, as amended, shall be amended to read as follows:

“The following persons may file at any time, in the proper Regional
Trial Court an application for registration of title to land, not exceeding
twelve (12) hectares, whether personally or through their duly authorized
representatives:

(1) Thosc who by themselves or through their predecessors-in-
interest have been in open, continuous, exclusive and notorious
possession and occupation of alienable and disposable lands of the
public domain under a bona fide claim of ownership for at least thirty
(30) years immediately preceding the filing of the application for
confirmation of title except when prevented by war or force majeure.
They shall be conclusively presumed to have performed all the
conditions essential to a government grant and shall be entitled to a
certificate of title under this Section.


(2) Those who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion under the
existing laws.

(3) Those who have acquired ownership of land in any other
manner provided for by law.

SECTION 3. Certification that the land is Alienable and Disposable. ~To comply
with this requirement, it is sufficient that the applicant submit a projection map prepared and
signed by a licensed geodetic engineer and verified and approved by DENR official
designated by the DENR Secretary showing that the land is within Alienable and Disposable
lands of the public domain. The projection map shall contain a swom statement by the
geodetic engineer that the land is within the alienable and disposable lands of the public
domain and shall state the applicable Forestry Administrative Order, DENR Administrative
Order, Executive Order, Proclamations and the ‘Land Classification Project Map covering the
land.

SECTION 4. Administrative legalization (Free Patent). — Sections 44 par | and
Section 45, Chapter VI of Commonwealth Act No, 141, as amended, is hereby amended to
read as follows:

“SECTION 44. Any natural-bor citizen of the Philippines who is not
the owner of more than twelve (12) hectares and who, for at least thirty
(30) years prior to the filing of his/her application, has continuously
occupied and cultivated, either by himself/herself or through his/her
predecessors-in-interest a tract or tracts of alienable and disposable
agricultural public lands subject to disposition and who shall have paid
the real estate tax thereon shall be entitled to have a free patent issued to
him/her for such tract or tracts of such land not to exceed twelve (12)
hectares.

“SEC. 45. Period for Application. All applications shall be filed at any
time after the effectivity of this Act before the Community Environment
‘and Natural Resources Office (CENRO) or region of the Department of
Environment and Natural Resources (DENR). The CENRO is mandated
to process the application within one hundred and twenty (120) days to
include compliance with the required notices and other legal
requirements, and forward his/her recommendation to the Provincial
Environment and Natural Resources Office (PENRO), who shall have
five (5) days to approve or disapprove the patent. In case of approval, the
patent shall be issued; in case of conflicting claims among different
claimants, the parties may seck the proper judicial remedies. Provided,
that in provinces with no CENRO, the application shall be filed with the
PENRO.

SECTION 5. Removal of Restrictions. — The provisions of Republic Act No. 11231
shall be applicable to Free Patents issued under this Act.

SECTION 6. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the Director of the Land Management Bureau of DENR shall

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promulgate the Implementing Rules and Regulations to carry out the provisions of this Act,
and shall see to it that such are gender responsive.

SECTION 7. Repealing Clause, — All laws, decrees, executive orders, executive
issuances or letters of instruction, rules and regulations or any part thereof inconsistent with
or contrary to the provisions of this Act are hereby deemed repealed, amended or modified
accordingly.

SECTION 8. Separability Clause. ~ If, for any reason or reasons, any part or parts of
this Act shall be declared unconstitutional or invalid by any competent court, other parts of
this Act shall be thereby shall continue to be in full force and effect.

SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days
following its publication in at least two (2) newspapers of general circulation.

Approved,