SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

6810

House Bill No.

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 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 Bil

* 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. | eamestly seek the immediate
passage of this very urgent and important bill

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS __)
REPUBLIC OF THE PHILIPPINES }
Second Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No.

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

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

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. 705 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,