FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by GREGORIO B. HONASAN ll 
EXPLANATORY NOTE 
Commonwealth Act No 141, otherwise known as the “Pubk Land Act’: 
enacted in 1936, is the General Law governing the classification, delimitation, 
survey and disposition of alienable lands of the public domain. One of the modes 
of acquiring public lands under this law is by voluntary administrative legalization 
of imperfect title- more popularly known as “Free Patent: It is intended to legalize 
the undocumented private land rights of Filipinos who are found to be occupying 
and cultivating such lands for a certain period of time. 
The present law has been in existence and implemented for more than 70 
years. Some significant provisions of the law are found to be obsolete and not in 
keeping with the current realities and situation on the ground and have constrained 
the application of current land administration and management systems and 
procedures. A number of major limitations in the law have been identified that 
impact on the issuance of free patents and the rights of the grantee of the free 
patent after its issuance. As a consequence, land rights and land market forces 
have suffered. Several piecemeal amendments have been legislated but these did 
not quite address and reflect existing issues and problems in the implementation 
phase of the policy. 
The proposed amendatory measure aims to facilitate the long overdue 
mass titling of public alienable and disposable (A & D) lands in the country as well 
as open up these land grants to free land market forces and asset reform. 
The bill intends to provide for the following: 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
Reduction of the period of eligibility from 30 years to 10 years; 
Extension of free patent to cover residential and commercial 
Removal of restrictions after patent issuance; 
Removal of the reservation of the right to repurchase; 
Continuous implementation of the Public Land Act; 
Increase in penalties; 
Allowing the employment or use of leasehold and other similar 
arrangements in complying with the requirements of the public land act 
regarding entry, occupation, improvement, cultivation or possession; 
Non assessment and collection of fees required in the preparation, issue 
and registration of free patents and non contribution to the Assurance 
Fund; and 
lands; 


9. Providing the DENR with the authority to determine the form of technical 
description. 
This proposed amendment further intends to enable the land sector to 
contribute to sustainable development, economic growth and poverty alleviation in 
the country. The passage of this bill ensures Philippine’s recognition to the global 
efforts for sustainable development while providing an improved access to land 
and services to the majority of our people especially to the marginalized sector. 
In view of the foregoing premis 
of legislation be immediately enacted into 


_ "  
FOURTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
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First Regular Session 
1 
S E N A T E  
S. B. No. 1931 
Introduced by SENATOR GREGORIO 6. 
HONASAN I1 
AN ACT 
REFORMING THE ADMINISTRATIVE TITLING PROCESS BY AMENDING 
CERTAIN PROVISIONS OF COMMONWEALTH ACT NO. 141 OTHERWISE 
KNOWN AS "THEPUBLICLANDACT, AS AMENDED 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled. 
SECTION 1. - Section 44, Chapter VII, Title II of Commonwealth Act No. 
141, as amended by Republic Act No. 6940 is hereby further amended to read as 
follows: 
"Section 44. - A) 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 effectivity of this amendatory 
Act] TEN (10) YEARS PRIOR TO HlSlHER FILING OF 
APPLICATION FOR PATENT, has continuously occupied (and), 
cultivated OR POSSESSED either by himself/HERSELF or through 
hislher predecessors-in-interest, a tract or tracts of agricultural 
public land subject to disposition, [who shall have paid the real 
estate tax thereon while the same has not been occupied by any 
person] shall be entitled, under the provisions of this Chapter, to 
have a free patent issued to himlHER for such tract or tracts of land 
not to exceed twelve (12) hectares, INCLUSIVE OF HlSlHER 
CURRENTLY OWNED LANDS; PROVIDED: THAT IF THERE ARE 
TENANTS, SHARE CROPPERS, REGULAR OR SEASONAL 
FARM WORKERS ON THE LAND, THE ISSUANCE OF A FREE 
PATENT TO THE APPLICANT SHALL BE WITHOUT PREJUDICE 
TO HISIHER RIGHTS UNDER EXISTING LAND REFORM LAWS. 
6) THE PROVISIONS OF ANY LAW TO THE CONTRARY 
NOTWITHSTANDING, 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 HIS/HER APPLICATION FOR PATENT, HAS 
CONTINUOUSLY OCCUPIED, POSESSED OR CULTIVATED 
EITHER BY HIMSELFIHERSELF OR THROUGH HlSlHER 
PREDECESSORS-IN-INTEREST, A TRACT OR TRACTS OF 
1 


LAND OF THE PUBLIC DOMAIN SUBJECT TO DISPOSITION 
FOR RESIDENTIAL AND COMMERCIAL PURPOSES NOT TO 
EXCEED ONE THOUSAND SQUARE METERS (1,000 SQ.M), 
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. PROVIDED, THAT 
THE TOTAL AREA OF HlSlHER CURRENTLY OWNED LAND 
AND THE LAND APPLIED FOR SHALL NOT EXCEED TWELVE 
(12) HECTARES. 
ALL 
FREE 
PATENT 
APPLICANTS 
WHO 
HAVE 
POSSESSED, OCCUPIED OR CULTIVATED PUBLIC ALIENABLE 
AND DISPOSABLE LAND FOR AT LEAST TEN (10) YEARS 
PRIOR TO THE EFFECTIVITY OF THIS ACT SHALL BE ELIGIBLE 
FOR PATENT ISSUANCE.” 
C) LAND ACQUIRED BY FREE PATENT UNDER THE 
PROVISIONS OF THIS CHAPTER SHALL BE TREATED AS ANY 
OTHER PRIVATE 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 ACT 
NO. 141. 
THIS APPLIES TO PATENTS ISSUED BEFORE OR AFTER 
THE DATE OF EFFECTIVITY OF THIS ACT. 
D) ANY ENCUMBRANCE IN ACCORDANCE WITH THE 
LAW CREATING AN INTEREST IN LAND THAT HAS BEEN 
ENTERED INTO BEFORE THE LAND IS ACQUIRED BY FREE 
PATENT, 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.” 
SEC. 2. Section 48, Chapter VIII, Title II of Commonwealth Act No. 141 as 
amended by Presidential Decree No. 1073, is hereby further amended to read as 
follows: 
“SECTION 48. 
The following described citizens of the 
Philippines, occupying lands of the public domain or claiming to 
own any such lands or an interest therein, but whose titles have not 
been perfected or completed, may apply to the (Court of First 
Instance) REGIONAL TRIAL COURT of the province where the 
land is located for confirmation of their claims and the issuance of a 
certificate of title therefor, under the Land Registration Act, to wit: 
(a) (Repealed by Section 3 of Presidential Decree No. 1073. 
25 January 1977) 
(b) Those who by themselves or through their predecessors- 
in-interest have been in open, continuous, exclusive and 
notorious possession and occupation of agricultural lands of 
the public domain, under a bona fide claim of acquisition or 
2 


ownership, since June 12, 1945, or earlier immediately 
preceding the filing of application for confirmation of title, 
except when prevented by wars or force majeure. . Those 
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 the provisions of this 
chapter. 
c) 
Members of the National Cultural minorities who by 
themselves or through their predecessors-in-interest have 
been in open. continuous, exclusive and notorious 
possession and occupation of lands of the public domain 
suitable to agriculture, whether disposable or not, under a 
bona fide claim of ownership since June 12, 1945 or earlier 
shall be entitled to the rights granted in subsection (b) 
hereof. 
PROV/D€D, THAT NOTHING IN THIS PROVISION SHALL 
BE TAKEN TO PRECLUDE THOSE IN POSSESSION OF PUBLIC 
ALIENABLE 
AND 
DISPOSABLE 
LAND 
FROM 
SEEKING 
ADMINISTRATIVE CONFIRMATION OF THEIR TITLE.” 
SEC. 3. Section 131, Chapter XVI, Title VI of Commonwealth Act No. 141 
is hereby 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 more than one hundred pesos] NOT LESS THAN FIFTY 
THOUSAND PESOS (P50,OOO.OO) AND NOT MORE THAN FIVE 
HUNDRED THOUSAND PESOS (P500,OOO.OO) or by imprisonment 
[for not more than three months] FOR NOT MORE THAN ONE 
YEAR, or both, upon the discretion of the court.” 
SEC. 4. Section 132, Chapter XVI, Title VI of Commonwealth Act No. 141 
is hereby amended to read as follows: 
“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 hislHER or its behalf or for 
his/HER or its interest, benefit or advantage, shall be punished by a 
fine of [not less than two hundred nor more than five thousand 
pesos] NOT LESS THAN 10% OF THE FAIR MARKET VALUE OF 
THE LAND APPLIED FOR or by imprisonment [for not less than 
two months nor more than five years] FOR SIX (6) YEARS TO 
TWELVE (12) YEARS, or both, upon the discretion of the court; and 
the application shall be cancelled. PROVlD€D, THAT IN CASE 
THE OFFENDER IS A CORPORATION, ASSOCIATION OR 
PARTNERSHIP THE RESPONSIBLE OFFICIALS SHALL BE 
DEEMED JOINTLY AND SEVERALLY LIABLE; PROVIDED 
3 


FURTH€R, THAT IN CASE THE OFFENDER IS A PUBLIC 
OFFICIAL OR GOVERNMENT OFFICIAUEMPLOYEE, HESHE 
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.” 
SEC. 5. Section 133, Chapter XVI, Title VI of Commonwealth Act No. 141 
is hereby amended to read as follows: 
“Section 133. - Any person who, without having the 
qualifications required by this Act, shall by deceit or fraud acquire or 
attempt to acquire lands of the public domain or other real property 
or any right, title or interest, or property right of any class to the 
same, and any person aiding and abetting him therein or serving as 
a means or tool thereof, shall, upon conviction, be punished by a 
fine of [not more than five thousand pesos] NOT LESS THAN TEN 
PERCENT (10%) OF THE FAIR MARKET VALUE OF THE LAND 
APPLIED FOR, or by imprisonment [for not more than five years] 
FROM SIX (6) YEARS TO TWELVE (12) YEARS, or both, upon the 
discretion of the court. IF THE OFFENDER IS A PUBLIC OFFICIAL 
OR GOVERNMENT OFFICIAUEMPLOYEE, HElSHE SHALL BE, 
IN ADDITION, REMOVED FROM THE OFFICE, FORFEIT ALL 
HISHER 
RETIREMENT 
BENEFITS, 
EXCEPT 
FOR 
ACCUMULATED LEAVE CREDITS AND BE PERPETUALLY 
DISQUALIFIED HlMlHER FROM HOLDING ANY ELECTIVE OR 
APPOINTIVE PUBLIC OFFICE.” 
SEC. 6. The employment or use of leasehold or other similar 
arrangements in complying with the requirements of this act regarding entry, 
occupation, improvement, cultivation or possession of public lands shall be 
allowed. 
SEC. 7. Upon the effectivity of this Act, no fees for the preparation, issue 
and registration of free patents and no contribution to the Assurance Fund shall 
be assessed or collected by the Register of Deeds. 
SEC. 8. In order to expedite the issuance of free patents, the Department * 
of Environment and Natural Resources (DENR) through the Lands Management 
Sector (LMS)/Lands Management Bureau (LMB) shall determine the appropriate 
form, style and definition of technical description which shall not be limited to 
metes and bounds. Such technical description shall form part of the patent, 
subsequent title and derivatives thereof. 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. 
4 


SEC. 9. All pending applications for free patent filed before the effectivity 
of this Act shall be treated as having been filed in accordance with the provisions 
of this Act. 
SEC. 10. Repealing Clause - Sections 45 and 47 of Commonwealth Act 
No. 141, as amended by Republic Act 9176 and Section 119 of Commonwealth 
Act No. 141 are hereby repealed. All other laws, decrees, executive orders, 
executive issuances or letters of instructions, rules and regulations, or any part 
thereof, inconsistent or contrary to the provisions of this Act are hereby deemed 
repealed, amended or modified accordingly. 
SEC. 11. Separability Clause -If any provision of this Act is declared 
unconstitutional or invalid, other parts or provisions hereof not affected shall 
continue to be in full force and effect. 
SEC. 12 . Effectivity Clause -This Act shall take effect fifteen (?5) days 
after its complete publication in the Official Gazette or in two (2) newspapers of 
general circulation. 
Approved 
5