FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES =)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1652

No.,

House
EXPLANATORY NOTE

The importance of file to land cannot be overemphasized. The main
objects of land title registration are to protect property rights, to facilitate
transactions in land, and to enable land to be used as collateral for a loan. A
title provides incentives for investment in land and therefore creates an
impetus for sustainable economic development. In order to hasten title
registration and thus spun economic growth, the process should be simple,
reliable, prompt and affordable

One of the modes of acquiring public land is by Free Patent or
administrative legalization of an imperfect title. Historically, it is intended to
legalize and register the undocumented private land rights of native-born
Filipinos who are actual occupants of agricultural lands. It is the most
expeditious, popular and affordable mode of public land disposition because
the process is administrative and inexpensive to the applicant since it merely
recognizes his acquisitive right over the land as actual occupant.

Batas Pambansa 223 extended the grant of Free Patent to actual
‘occupants of residential lands, however, it ceased to be effective since it only
allows residential application up to December 31, 1987. Considering that
around 80% of the remaining unregistered land parcels in the country are
residential land, the re-enactment and improvement of residential free patent
will expedite mass titling of lands and will in turn create economic growth

The Salient Features of the Bill

* Extend Free Patent to residential lands classified/zoned by the local
government in its land use plan as residential and is not needed for
public service and public use and subject to area limits

+ Reduction of period of occupation to ten (10) years

+ Removal of the restriction on encumbrance on the title

The proposed bill seeks to enable the land sector to contribute to the
sustainable development, economic growth and poverty alleviation. The bill's
early enactment will boost the Philippine's role in the global movement to
sustainable development while providing an improved access to land and


services to the majority of the Filipino people, especially the poor and
marginalized. | earnestly seek the immediate passage of this very urgent and
important bill.

Vy

RUFUS B. RODRIGUEZ

Wee

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS, )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No_155
AN ACT
TO HASTEN TITLING OF RESIDENTIAL LANDS OF THE PUBLIC DOMAIN
BY EXTENDING THE GRANT OF FREE PATENT TO RESIDENTIAL
LANDS UNDER CERTAIN CONDITIONS

SECTION 1. The provisions of any law, rules or regulations to the
contrary notwithstanding, any citizen of the Philippines who is not a registered
owner of a residential land and who for ten (10) years or prior thereto, either
by himself or through his bona fide predecessor-in-interest, has been actually
residing on, and continuously possessing and occupying, under a bona fide
claim of acquisition of ownership, a parcel of residential land of the public
domain, which is alienable or disposable, and who has paid all the real estate
taxes thereon for ten (10) years or prior thereto, shall, upon application, be
entitled to have a free patent issued to him for such parcel of land not to
exceed two hundred (200) square meters in highly urbanized cities; five
hundred (500) square meters in other cities; and 1,000 square meters in all
municipalities; Provided, That the land applied for is not needed for public
service or public use and has been zoned as residential in the land use plan
of the local government and provided further that no free patent shall be
issued in townsite reservations established under Chapter XI of the Public
Land Act: Provided, finally, that none of the provisions of Presidential Decree
No. 708 are violated by the issuance of such patent.

SECTION 2. The application shall be accompanied with a map and
technical description of the land applied for, along with supporting affidavits of
two (2) disinterested persons who are residents of the city/municipality where
the land is located, attesting to the truth of the facts contained in the
application to the effect that the applicant thereof has, either by himself or
through his predecessor-in-interest, actually resided on and continuously
possessed and occupied, under a bona fide claim of acquisition of ownership,
the land applied for at least ten (10) years and has complied with the
requirements prescribed in Section One hereof.

The pertinent provisions of Chapter XIV, Title VI of Commonwealth Act
Numbered One hundred forty-one, as amended, shall apply to free patent
applications filed under the provisions of this, except that residential free
patent issued under this law shall not be subject to any legal restrictions on
encumbrance, conveyance or alienation.


The Department of Environment and Natural Resources, upon the
recommendation of the Director of Lands, shall promulgate such rules and
regulations as may be necessary to carry out the provisions of this Act.

SECTION 3. All pending applications filed before the effectivity of this
Act shall be treated as having been filed in accordance with the provisions
hereof.

SECTION 4. 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 5, 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 or provisions thereof not affected thereby shall
continue to be in full force and effect.

SECTION 6. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its publication in two (2) national newspapers of general circulation.

Approved.