FOURTEENTH CONGRESS OF THE 
Republic of the Philippines 
First Regular Session 
Senate Bill No. 2 5 18 
Introduced by Honorable SEN. JINGGCY EJERCITO ESTWADA 
EXPLANATORY NOTE 
The importance of title 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 
70% 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 are the following: 
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. I earnestly seek the immediate passage of this very urgent and 
important bill. 
u 
Senator 
2 


FOURTEENTH CONGRESS OF THE 
Republic of the Philippines 
First Regular Session 
SENATE 
Senate Bill No. 23 1 8 * 
Introduced by Honorable JINGGOY EJERCITO ESTRADA 
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. Who MayAvail. - 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/herself or through his/her 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/her for 
such parcel of land not to exceed three hundred (300) square meters in highly 
urbanized cities, component cities and 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 
X I  of the Public Land Act: Provided, finally, that none of the provisions of 
Presidential Decree No. 705 are violated by the issuance of such patent. 
SECTION 2. Pdodbzazat. - In order to obtain the objective of asset reform and 
to prevent the undue consolidation of property ownership to few persons, 
availment of residential lands of the public domain shall be according to the 
prioritization below: 
1. Landless persons who have not acquired ownership of land through 
Homestead 
Patents, 
Emancipation 
Patents 
and 
Certificate 
of 
Landownership Award; and 
the government whether in the present or in the past. 
2. Landless persons who have not benefited from any housing program of 
The local government unit shall ensure that landless persons living along danger 
zones such as coastal areas, riverbanks, and similar areas be given opportunity 
to apply for titles of residential lands of the public domain near the fishing 
ground in relation to Section 108 (flshedolk Settlement) of RA 8550, otherwise 
known as The Philippine Fisheries Code of 1998. 


SECTION 3. Procedure. - The application shall be submitted to a designated 
office within DENR / DENR Regional Office 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/herself or through 
his/her 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 DENR shall also designate an office within the Department to monitor the 
titling of residential lands of the public domain, which is alienable and disposable, 
and to recommend to the DENR necessary policies to carry out the orderly 
implementation of this Act. 
The pertinent provisions of Chapter XIV, Title V I  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 4. Pending @plicafluns. - All pending applications filed before the 
effectivity of this Act shall be treated as having been filed in accordance with the 
provisions hereof. 
SECTION 5. 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 6. 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 7. EHiectiVify Clause. - This Act shall take effect fifteen (15) days 
after its publication in two (2) national newspapers of general circulation. 
Approve4 
A