FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Commonwealth Act (CA) No. 141, otherwise known as the Public Land Act, is the 
general law governing the classification, delineation, survey and disposition of alienable 
lands of the public domain. One of the modes of acquiring public lands under this law is 
by administrative legalization of imperfect title - more popularly known as Free Patent. 
Historically, it was intended to legalize the undocumented private lands of native-born 
Filipinos who were found to be occupying and cultivating such lands for a certain period. 
The amendments contained in this Bill were identified to reflect the present realities 
and to remove disincentives on the formal system. They will remove outdated and 
obsolete provisions and will facilitate the mass titling of public alienable and disposable 
lands in the Philippines. 
The salient features of the bill are: 
Reduction of the period of cultivation and occupation from 30 years (prior 
to the effectivity of Republic Act No. 6940 on 15 April 1960) to 10 years. 
Provision for the issuance of Free Patents without payment of outstanding 
taxes. 
Extension of Free Patents to residential, commercial and industrial lands. 
Issuance of a certificate of possessiodprovisional free patent may be issued 
to the applicant, which may be exchanged for a Free Patent upon the 
expiration of 10 years of possession. 
Removal of restrictions on transfer and other conveyances for titles 
acquired through Free Patent. 


Classification of areas that are unclassified, but are already built-up or with 
settlers as alienable and disposable lands by virtue of the Act. 
Increase of penalty in the penal provisions for any person, public official or 
government officialkmployee who will commit an offense under the Act. 
Abolition of administrative fees and charges for Free Patents to encourage 
greater participation in the titling process. 
Adoption by the Department of Environment and Natural Resources of new 
mapping and surveying technologies as they become available to expedite 
the issuance of Free Patents. 
The proposed amendment of specific provisions of the CA no. 141, Presidential 
Decree No. 152 and Presidential decree No. 1529 seeks to enable the lands sector to 
contribute to sustainable development, economic growth and poverty alleviation. The 
Bill’s early enactment will boost the Philippine’s role jn the global movement for 
sustainable development while providing an improved access to land and services to the 
majority of the Filipinos, especially the poor and marginalized. 


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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
1 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REFORMING THE ADMINISTRATIVE TITLING PROCESS BY AMENDING 
CERTAIN PROVISIONS OF COMMONWEALTH ACT NO. 141, OTHERWISE 
KNOWN AS THE PUBLIC LAND ACT. AND OTHER RELATED LAWS 
Be it enacted by the House OfRepresentatives and the Senate of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - Paragraph 1, Section 44, Chapter VII, Title I1 of 
Commonwealth Act No. 141, is hereby hrther amended to read as follows: 
"SECTION 44 (1). - ANY NATURAL BORN CITIZEN OF THE PHILIPPINES 
WHO IS NOT THE OWNER OF MORE THAN TWELVE (12) HECTARES AND WHO 
FOR AT LEAST TEN (10) YEARS PRIOR TO HISHER FILING OF APPLICATION 
FOR PATENT, HAS CONTINUOUSLY POSSESSED AND CULTIVATED, EITHER 
BY HIMSELFEIERSELF OR THROUGH HIS/HER PREDECESSORS-IN-JNTEREST, 
A TRACT OR TRACTS OF AGRICULTURAL PUBLIC LANDS SUBJECT TO 
DISPOSITION SHALL BE ENTITLED, UNDER THE PROVISIONS OF THIS 
CHAPTER, TO HAVE A FREE PATENT ISSUED TO HIMEIER FOR SUCH TRACT 
OR TRACTS OF SUCH LAND NOT TO EXCEED TWELVE (12) HECTARES, 
INCLUSIVE OF HIS/HER CURRENTLY OWNED LANDS; PROVIDED: THAT IF 
THERE ARE TENANTS, SHARE CROPPERS, REGULAR OF SEASONAL FARM 
WORKERS ON THE LAND, THE ISSUANCE OF A FREE PATENT TO THE 
APPLICANT SHALL BE WITHOUT PREJUDICE TO THEIR RIGHTS UNDER 
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EXISTING LAND REFORM LAWS. 
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EFFECTIVITY OF THIS SECTION.” 
FREE PATENTS BASED ON POSSESSION TEN (10) YEARS BEFORE THE 
COMMENCEMENT OF THIS ACT CAN BE APPROVED FROM THE DATE OF 
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SECTION 2. Section 44, Chapter VII, Title I1 of Commonwealth Act No. 141, as 
amended, is hereby fixther amended by the addition of the following paragraphs: 
“SECTION 44 (2). - THE PROVISIONS OFANY LAW TO THE CONTRARY 
NOTWITHSTANDING, ANY NATURAL BORN CITIZEN OF THE PHILIPPINES 
WHO IS NOT THE OWNER OF MORE THAN TWELVE (12) HECTARES AND FOR 
AT LEAST TEN (10) YEARS PRIOR TO HISBIER APPLICATION FOR PATENT, 
HAS CONTINUOUSLY POSSESSED AND USED EITHER BY HIMSELFmERSELF 
OR THROUGH HIS/HER PREDECESSORS-E’?-INTEREST, A TRACT OR TRACTS 
OF PUBLIC ALIENABLE AND DISPOSABLE LANDS NOT TO EXCEED TWELVE 
(12) HECTARES, INCLUSIVE OF HIS/HER CURRENTLY OWNED LANDS 
SUBJECT TO DISPOSITION OF RESIDENTIAL, COMMERCIAL OR INDUSTRIAL, 
PURPOSES, SHALL ALSO BE ENTITLED, UNDER THE PROVISIONS OF THIS 
CHAPTER, TO HAVE A FREE PATENT ISSUED TO HIMiHER FOR.SUCH TRACT 
OR TRACTS OF LANDS. 
PATENTS BASED ON POSSESSION TEN (10) YEARS BEFORE THE 
COMMENCEMENT OF THIS ACT CAN BE APPROVED FROM THE DATE OF 
EFFECTIVITY OF THIS SECTION.” 
“SECTION 44 (3). THOSE WHO HAVE CONTINUOUSLY POSSESSED AND 
USED A TRACT OF LAND AS DESCRIBED IN SECTION 44(1) AND 44(2) FOR AT 
LEAST THREE (3) YEARS AND HAVE OTHERWISE SATISFIED THE 
REQUIREMENTS OF THAT SECTION PRIOR TO THE EFFECTIVITY OF THIS ACT 
SHALL BE ENTITLED TO HAVE A CERTIFICATE OF POSSESSION TO HIMBIER 
FOR SUCH TRACT OF LAND BUT WHICH SHALL NOT BE SUBJECT TO 
ENCUMBRANCE OR ALIENATION UNTIL SUCH TIME THAT THE BENEFICIARY 
SHALL HAVE COMPLETED TEN (10) YEARS OF CONTWUOUS POSSESSION 
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OVER, SAID TRACT OF LAND, WHEREWON HEKHE SHALL BE ISSUED A FREE 
PATENT FOR SUCH TRACT OF LAND.” 
“SECTION 44 (4). - LAND ACQUIRED BY FREE PATENT UNDER THE 
PROVISIONS OF THIS CHAPTER SHALL BE TREATED AS ANY OTHER PRNATE 
LAND WITH ALL THE CONCOMITANT RIGHTS THEREUNTO APPERTAINING 
AND SHALL NOT BE SUBJECT TO THE RESTRICTIONS OF, NOR SHALL IT 
ENJOY THE EXEMPTION FROM BEING HELD IN SATISFACTION OF ANY DEBT, 
AS HERETOFORE PROVIDED IN SECTION 118 AND SECTIONS 121, 122, 123, 
AND 124 OF COMMONWEALTH ACTNO. 141. 
THIS APPLIES TO PATENTS ISSUED BEFORE OR AFTER THE DATE OF 
EFFECTIVITY OF THIS ACT.” 
“SECTION 44 (5). - ANY ENCUMBRANCE CREATING AN INTEREST IN 
LAND THAT HAS BEEN ENTERED INTO BEFORE THE LAND IS ACQUIRED BY 
FREE PATENT, WHICH ASIDE FROM THE QUESTION OF THE STATUS OF THE 
LAND WOULD OTHERWISE BE LAWFUL AND WHICH REMAINS IN EXISTENCE 
AT THE TIME OF THE GRANT OF FREE PATENT, SHALL BE PRESERVED AND 
MAY BE RECORDED ON THE PATENT AS AN ENCUMBRANCE AT THE TIME 
THE PATENT IS ISSUED. PROVIDED, THAT THE CONTRACT CREATING THE 
ENCUMBRANCE SHALL NOT BE CONTRARY TO LAW, GOOD MORALS, 
PUBLIC ORDER OR POLICY AND THAT THE INSTRUMENT SHALL BE 
SUFFICIENT IN LAW FOR PURPOSES OF REGISTRATION.” 
“SECTION 44 (6). - FOR THE PURPOSES OF THIS ACT, IT IS SUFFICIENT 
THAT THE LAND APPLIED FOR SHALL HAVE BEEN CLASSIFIED AS 
ALIENABLE 
AND 
DISPOSABLE/AGRICULTURAL 
AT 
THE 
TIME 
OF 
APPLICATION, PROVIDED: THAT AREAS THAT ARE UNCLASSIFIED LAND, 
BUT ARE ALREADY BUILT-UP OR WITH SETTLERS SHALL BE DEEMED 
CLASSIFIED AS ALIENABLE AND DISPOSABLE/AGRICULTLJRAL BY VIRTUE 
’ OF THIS ACT. PROVIDED FURTHER: THAT IF THE LAND HAS A SLOPE 18% OR 
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12 DEGREES GRADIENT, AND THE GRANT THEREOF TO THE APPLICANT 
WILL MEET ECOLOGICAL STANDARDS PRESCRIBED BY THE DENR.” 
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SECTION 3. Section 45, Chapter VII, Title I1 of Commonwealth Act No. 141 is 
hereby repealed. 
SECTION 4. Section 47, Chapter VII, Title I1 of Commonwealth Act No. 141 is 
hereby repealed. 
SECTION 5. Section 48, Chapter VIII, Title I1 of Commonwealth Act No. 141, as 
amended, is hereby further amended by the addition of the following paragraph: 
“(D) PROVIDED; THAT NOTHING IN THIS PROVISION SHALL BE TAKEN 
TO PRECLUDE THOSE IN POSSESSION OF PUBLIC ALIENABLE AND 
DISPOSABLE LAND FROM SEEKING ADMINISTARTIVE CONFIRMATION OF 
THEIR TITLE.” 
SECTION 6. Section 119, Chapter XIV, Title VI of Commonwealth Act No. 141, 
is hereby repealed. 
SECTION 7. Section 131, Chapter XVI, Title VI of Commonwealth Act No. 141, 
as amended, is hereby further amended to read as follows: 
“SECTION 131. ANY PERSON WHO SELLS FORMS ISSUED AND 
DISTRIBUTED GRATUITOUSLY UNDER THIS ACT OR WHO, BEING AN 
OFFICER CHARGED WITH DISTRIBUTING THEM REFUSES OR FAILS, 
WITHOUT SUFFICIENT REASON, TO FURNISH THE SAME, SHALL BE 
PUNISHED FOR EACH OFFENSE BY A FINE OF NOT LESS THAN FIFTY 
THOUSAND PESOS (P50,OOO.OO) AND NOT MORE THAN FIVE HUNDRED 
THOUSAND PESOS (P500,OOO.OO) OR IMPRISONMENT OF NOT MORE THAN ONE 
(1) YEAR, OR BOTH, INTHE DISCRETION OF THE COURT.” 
SECTION 8. Section 132, Chapter XVI, title VI of Commonwealth Act No. 141, as 
amended, is hereby further amended to read as follows: 
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“SECTION 132. - ANY PERSON, CORPORATION, ASSOCIATION OR 
PARTNERSHIP WHICH, NOT BEING QUALIFIED OR NO LONGER AUTHORIZED 
TO APPLY FOR PUBLIC LAND UNDER THE PROVISION OF, THIS ACT, FILES OR 
INDUCES OR KNOWINGLY, PERMITS ANOTHER PERSON, CORPORATION, 
ASSOCIATION OR PARTNERSHIP TO FILE AN APPLICATION IN HIS/HER OR ITS 
‘BEHALF OR FOR HIM/HER OR ITS INTEREST, BENEFIT OR AJlVANTAGE, 
SHALL BE PUNISHED BY A FINE OF NOT LESS THAN TEN PERCENT (10%) OF 
THE VALUE OF THE LAND APPLIED FOR, BASED ON THE ZONAL VALUE AS 
DETERMINED BUREAU OF INTERNAL REVENUE OR BASED ON THE 
ASSESSED VALUE OF THE CONCERNED LOCAL GOVERNMENT UNIT, 
WHICHEVER IS HIGHER OR BY IMPRISONMENT OF SIX (6) YEARS TO TWELVE 
(12) YEARS, OR BOTH, IN THE DISCRETION OF THE COURT; AND THE 
APPLICATION SHALL BE CANCELLED; PROVIDED: THAT IN CASE THE 
OFFENDER IS A CORPORATION, ASSOCIATION OR PARTNERSHIP THEIR 
RESPONSIBLE OFFICIALS SHALL BE DEEMED JOINTLY AND SEVERALLY 
LIABLE; PROVIDED FURTHER: THAT IN CASE THE OFFENDER IS A PUBLIC 
OFFICIALEMPLOYEE, HE/SHE SHALL BE, IN ADDITION, REMOVED FROM THE 
OFFICE, FORFEIT ALL RETIREMENT BENEFITS, EXCEPT FOR ACCUMULATED 
LEAVE CREDITS AND BE PERPETUALLY DISQUALIFIED FROM HOLDING ANY 
ELECTIVE OR APPOINTIVE OFFICE.” 
SECTION 9. Section 133, Chapter XVI, Title VI of Commonwealth Act No. 141, 
as amended, is hereby further amended to read as follows: 
“SECTION 133. - ANY PERSON WHO, WITHOUT HAVING THE 
QUALIFICATIONS REQUIRED BY THIS ACT, SHALL BY DECEIPT OR FRAUD 
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ACQUIRE OR ATTEMPT TO ACQUIRE LANDS OF THE PUBLIC DOMAIN OR 
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OTHER REAL PROPERTY OR ANY RIGHT, TITLE OR INTEREST, OR 
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PROPERTRY RIGHT OF ANY CLASS TO THE SAME, AND ANY PERSON AIDING 
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ANDABETTING HIM THEREIN OR SERVING AS A MEANS OR TOOL THEREOF, 
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SHALL, UPON CONVICTION, BE PUNISHED BY A FINE OF NOT LESS THAN 
TEN PERCENT (10%) THE VALUE OF THE LAND APPLIED FOR, BASED ON THE 
FAIR MARKET VALUE AS DETERMINED BY THE BUREAU OF INTERNAL 
REVENUEORBYTHECONCERNEDLOCALGOYERNMENTUNITWHICHEVER 
IS HIGHER, OR BY IMPRISONMENT OF SIX (6) YEARS TO TWELVE (12) YEARS, 
OR BOTH, IN THE DISCRETION OF THE COURT. IF THE OFFENDER IS A PUBLIC 
OFFICIAL OR GOVERNMENT OFFICIAL/EMPLOYEE, HE/SHE SHALL BE, IN 
ADDITION, REMOVED FROM THE OFFICE, FORFEIT ALL RETIREMENT 
BENEFITS, EXCEPT FOR ACCUMULATED LEAVE CREDITS AND BE 
PERPETUALLY DISQUALIFIED FROM 
HOLDING 
ANY 
ELECTIVE 
OR 
APPOINTIVE PUBLIC OFFICE.” 
SECTION 10. The penal provisions provided for in the preceding sections shall 
apply only to acts committed after the date of the effectivity of this Act. 
SECTION 11. Presidential decree No. 152 is hereby further amended by the 
addition of the following paragraph: 
“PROVIDING THAT THIS DECREE DOES NOT, AND WAS NEVER 
INTENDED TO APPLY TO LAND GRANTS UNDER THE FREE PATENT 
PROVISIONS OF THE PUBLIC LAND ACT.” 
SECTION 12. - Section 93 of Presidential Decree 1629 as amended, is hereby 
fnrther amended by the addition of the following paragraph” 
“PROVIDING THAT THE FEES PRESCRIBED BY THIS SECTION SHALL 
NOT APPLY TO LAND GRANDS UNDER THE FREE PATENT PROVISIONS OF 
THE PUBLIC LAND ACT.” 
SECTION 13. - Section 111 of Presidential Decree 1529 as amended, is hereby 
further amended by the addition of the following paragraph 
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“PROVIDING THAT THE FEES PRESCRIBED BY THIS SECTION SHALL 
APPLY TO LAND GRANTS UNDER THE FREE PATENT PROVISIONS OF THE 
PUBLIC LAND ACT.” 
SECTION 14. - The Department of Environment and Natural Resources may adopt 
such mapping and surveying technologies as it sees fit in order to expedite the issuance of 
free patents. The Department shall determine the appropriate form, style and definition of 
technical description which should not be limited to metes and bounds as it appears on the 
free patent and the subsequent title thereto. Those free patents having technical description 
other than metes and bounds shall be treated as any private land with all the concomitant 
rights thereto appertaining pursuant to this Act and other existing laws. 
SECTION 15. - All pending applications filed before the effectivity of this Act 
shall be treated as having been filed in accordance with the provisions of this Act. 
SECTION 16. - No fees shall henceforth be payable for the preparation, issue and 
registration of land grants under the free patent provisions of the Public Land Act. 
SECTION 17. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
remain valid and subsisting. 
SECTION 18. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative rule or regulation contrary to or 
‘inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 19. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,