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

tarp

“18 AUG IS P1 49

s.8.no. 1942

Re

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
ENHANCING PROTECTION FOR LEGITIMATE OWNERS OF REAL
PROPERTY AND PROVIDING PENALTIES FOR FRAUDULENT ACTS IN
REAL ESTATE TRANSACTIONS

EXPLANATORY NOTE
Several cases have reached the Supreme Court involving land-grabbing
syndicates seeking to wrest titles of real properties from their legitimate owners
using fake documents. As early as 1990, no less than the Supreme Court En
Banc in Acting Registrars of Land Titles and Deeds of Pasay City, Pasig and
Makati vs. Judge Velez et al, G.R. No. 81564 April 26, 1990 has expressed its
deep disappointment with regard to a judge who was involved in the
controversial land cases involving a supposed Hacienda de Maricaban. Fast
forward to more recent cases, the Supreme Court in Fidela Angeles vs.
Secretary of Justice, G.R. No. 142549, March 9, 2010 noted that up for its
resolution is touted as “one of the biggest and most extensive land-grabbing
incidents in recent history”. The Court stated that the lands involved in the case
encompasses On Thousand Three Hundred Forty Two (1,342) hectares of the
Maysilo Estate, previously described by the Court En Banc as a “vast tract of land
[that] stretches over three cities, comprising an area larger than the sovereign
‘states of Monaco and the Vatican.”

In some of these cases, unscrupulous individuals bank-rolled by syndicates have

been using our courts to legitimize their land-grabbing activities by resorting to

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petitions for reconstitution of titles allegedly lost due to fire or other force
majeure events (typhoons, wars etc.), among other court proceedings. After
these titles are reconstituted and new Torrens titles are issued, the same are
sold to “innocent purchasers for value” in the hope that said new titles are
protected under the Torrens System.

Existing laws on falsification of public documents, perjury and subordination to
perjury among others appear to be grossly inadequate in deterring unscrupulous
individuals from their land-grabbing activities. Recently, land grabbers have
become too bold to make ownership claims even against the government using

fraudulent documents.

In view of the foregoing, the passage of this bill is earnestly recommended.

MARIA LOURDES N&ACY S. BINAY
Senator



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

"18 AUG 15

SENATE

S.B.NO. 1942

Rice

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
ENHANCING PROTECTION FOR LEGITIMATE OWNERS OF REAL
PROPERTY AND PROVIDING PENALTIES FOR FRAUDULENT ACTS IN
REAL ESTATE TRANSACTIONS

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

Section 1. Short Title. - This Act shall be known as the “Real Property
Owners Protection Act of 2018.”

Sec. 2. Unlawful Acts. — In addition to criminal liabilities under the Revised
Penal Code, Republic Act 6732 and other special laws, the following acts are
hereby declared unlawful:

(a) Falsification of public and private documents such as but not
limited to survey/subdivision plans, board resolutions
authorizing the sale of real property in the case of juridical
persons deeds of sale or donation and other forms of
conveyances; wills, deeds of extrajudicial settlement dividing
real property among alleged heirs of the previous owner and
other related documents in any transaction involving real

property;

P1 49

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(b) Use of falsified documents in Section 2(a) in any administrative,
quasi-judicial or court proceedings to support a fraudulent claim
of ownership over real property;

(c) Offering false testimony or procurement of such false testimony
in court or any quasi-judicial proceedings to support a

fraudulent claim of ownership over real property.

Sec. 3. Penalty, - Any person found guilty of any of the acts stated in
Section 2 shall be punished with imprisonment of a minimum of eight (8) years

up to twelve (12) years and a fine of not less than One Million Pesos (P
1,000,000.00) but not exceeding Two Million Pesos (P 2,000,000.00), or both, at
the discretion of the Court.

Sec. 4. Special Qualifying Circumstances. - The penalty under Section 3

shall be imposed in its maximum if any of the following circumstances are

present:

(a) The person committing any of the unlawful acts under Section
2 is a public officer taking advantage of his official position;

(b) When any of the unlawful acts is committed by a person who is
part of a syndicate. Section 2 is deemed committed by a
syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another.

(c) When any of the unlawful acts under Section 2 is committed in
large scale. It is deemed committed in large scale if committed
against three (3) or more persons, individually or as a group;

(d) When the person has been previously convicted of any of the
acts mentioned in Section 2.



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Sec. 5. Seperability Clause. - If any provision or part of this Act, or the
application thereof to any person or circumstance be held unconstitutional or be
invalid, such parts not affected thereby shall remain in full force and effect.

Sec. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days
following its full and complete publication in the Official Gazette or in at least two
(2) newspapers of general circulation.

Approved,