EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE 
S.B. No. 1852
FLED
DATE
UDJbX
Introduced by Senator Richard J. Gordon
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 protection of one's 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 382,529 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.
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. Congress may lay down 
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. Congress may act to 
liberalize the standards for judicial confirmation of imperfect title, or amend the Civil 
Code itself.
Moreover, Republic Act No. 9176 that allows titling through judicial and 
administrative legalization of titles is about to expire on December 31, 2020, which 
means that titling will come to a 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.
It is for the reasons stated above that the passage of this measure is earnestly
sought.
D 3. GORDON
Senator


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE 
S. No. 1852
Introduced by Senator Richard J. Gordon
DATE
TH.1E
AN ACT IMPROVING CONFIRMATION OF IMPERFECT TITLES 
UNDER SECnON 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 Phiiippines in
Congress assembied:
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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.
SEC. 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 [Court-of 
First Instance] 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) Those 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 [since-^une 
12,lQ45,-or-eariier-;j for at least thirty (30) years immediately 
preceding the filing of the application for confirmation of title


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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.
SEC 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 sworn 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.
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SEC 4. Administrative iegaiization (Free Patent). - Sections 44 par 1 
and Section 45, Chapter VI of Commonwealth Act No. 141, as amended, is hereby 
amended to read as follows:
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"SECTION 44. Any natural-born 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 {offcetivity-of-this-amendatory Act] 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 fwhile-thG-somG-hQS-not-bGGn occupiGd-by-any-person} 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


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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 seek the proper judicial 
remedies. Provided, that in provinces with no CENRO, the 
application shall be filed with the PENRO."
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SEC. 5. Removal of Restrictions. - The provisions of Republic Act No. 11231 
shali be applicable to Free Patents issued under this Act.
SEC. 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 promulgate the Implementing Rules and Regulations to carry out the provisions 
of this Act, and shall see to it that such are gender responsive.
SEC. 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.
SEC. 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.
SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved