HUUS! *F RT PRESENTATIVES
RECEIVED
SEVENTEENTH CONGRESS ) pared 0 AUG 2016
REPUBLIC OF THE PHILIPPINES } ——

First Regular Session
HOUSE OF REPRESENTATIVES
“Introduced by Representative Maximo B. Rod
House Bill No. 33°72

EXPLANATORY NOTE

ROT

Commonwealth Act No. 141, otherwise known as the Public Land Act as amended, is
the General Law governing the classification, delimitation, surveying and disposition of
alienable lands of the public domain. One of the modes of acquiring public lands under this,
law is by administrative legalization of imperfect titie more popularly known as free patent
Historically, it was intended to legalize the undocumented private right of native born
Filipinos who were found to be occupying and cultivating such lands for a certain period

The amendments contained in this Bill have been drafted to reflect the realities on
the ground and to remove disincentives on the formal system. They will remove outdated
and obsolete provisions and will facilitate the mass titing of public alienable and disposable
lands of the Philippines.

The salient features of this proposed bill are:

Reduction of the period of eligibility from 30 years to 10 years,

Extension of free patent to cover residential and commercial lands:

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;

Exemption from P.D. 152;

Exemption from payment of fees under P.D. 1529 and non coverage of the
assurance fund;

9. Providing the DENR with the authority to determine form of technical description.

PIMOFAEON=

The proposed amendment of specific provisions of the Commonwealth Act No. 141,
Presidential Decree 152 and Presidential Decree 1529 seeks to enable to land sector to
contribute to sustainable development, economic growth and poverty alleviation in the
country. The Bill's early enactment will ensure Philippine's recognition to the global efforts
for sustainable development while providing an improved access to land and services to the
majority of our Filipino people especially the poor. The bill will contribute in unlocking the
“dead” capital amounting to US$133 billion.

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MAXIMO B, RODRIGUEZ, JR.

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SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

3372

House Bill No.

AN ACT
REFORMING THE ADMINISTRATIVE TITLING PROCESS BY AMENDING CERTAIN
PROVISIONS OF COMMONWEALTH ACT NO. 141 OTHERWISE KNOWN AS THE
PUBLIC LAND ACT AS AMENDED, AND OTHER RELATED LAWS

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

Section 1. — Paragraph 1, Section 44, Chapter Vil, Title I! of Commonwealth Act No, 141, as
amended, is hereby further amended to read as follows:

“Section 44 (1). — 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
HIS/HER FILING OF APPLICATION FOR PATENT, has continuously
occupied and cultivated, either by himself/HERSELF or through his/her
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 an person] shall be entitled, under the provisions
of this Chapter, to have a free patent issued to him/HER for such tract or
tracts of land not to exceed twelve (12) hectares, INCLUSIVE OF HIS/HER
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
APPLICATION SHALL BE WITHOUT PREJUDICE TO THEIR RIGHTS
UNDER EXISTING LAND REFORM LAWS.

FREE PATENT APPLICATIONS BASED ON POSSESSION TEN YEARS
BEFORE THE COMMENCEMENT OF THIS ACT CAN BE APPROVED
FROM THE DATE OF EFFECTIVITY OF THIS ACT.”

Section 2. - Section 44, Chapter Vil, Title II of Commonwealth Act No. 141, as amended, is
hereby further amended by the addition of the following paragraphs:

“Section 44 (2). — 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
POSSESSED AND USED EITHER BY HIMSELF/HERSELF OR THROUGH
HIS/HER PRECEDESSORS-IN-INTEREST, A TRACT OR TRACTS OF
LAND OF THE PUBLIC DOMAIN SUBJECT TO DISPOSITION FOR
RESIDENTIAL AND COMMERCIAL PURPOSES NOT TO EXCEED THREE
THOUSAND SQUARE METERS (3,000 SQM), SHALL ALSO BE
ENTITLED, UNDER THE PROVISIONS OF THIS CHAPTER, TO HAVE A


FREE PATENT ISSUED TO HIM/HER FOR SUCH TRACT OR TRACTS OF
LANDS. PROVIDED, THAT THE TOTAL AREA OF HIS/HER LAND SHALL
NOT EXCEED TWELVE (12) HECTARES.

PATENT APPLICATIONS BASED ON POSSESSION TEN YEARS BEFORE
THE COMMENCEMENT OF THIS ACT CAN BE APPROVED FROM THE
DATE OF EFFECTIVITY OF THIS ACT.”

SECTION 44 (3). - 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
EFECTIVITY OF THIS ACT.”

SECTION 44 (4). — 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.

Section 3. — Section 45, Chapter VI, Title Il of Commonwealth Act No. 141 is hereby
repealed

["Sec. 45. The President of the Philippines, upon recommendation of the
Secretary of Environment and Natural Resources, shall from time to time fix
by proclamation the period within which applications for free patents may be
filed in the Community Environment and Natural Resources Office or region
specified in such prociamation, and upon the expiration of the period so
designated, unless the same be extended by the President, all the lands
comprised within such district, charted city, province, municipality or region
subject thereto under the provisions of this chapter may be disposed of as
agricultural public land without prejudice to the prior right of the occupant and
cultivator to acquire such land under this Act by means other than free patent
The time to be fixed in the entire Archipelago for the filing of applications
under this Chapter shall not extend beyond 31 December 2020: Provided,
That the period shall apply only when the area applied for does not exceed
twelve (12) hectares. The period fixed for any district, chartered city, province
or municipality shall take effect thirty (30) days after the publication of the
proclamation in one (1) newspaper of general circulation in the city, province
or municipality concemed. A certified copy of said proclamation shall be
furnished by the Secretary of Environment and Natural Resources within
thirty (3) days counted from the date of the presidential proclamation to the
‘Community Environment and Natural Resources Office and to the provincial
board and municipal board or city council and barangay council affected, and
copies thereof shall be posted on the bulletin board of the Community
Environment and Natural Resources Office and at such conspicuous places
in the provincial capitol. city or municipal hall, and in barangay hall or meeting


place. It shall moreover be announced and aired over the government station
in the concemed local area.”]

Section 4. - Section 47, Chapter Vill, Title 1I of Commonwealth Act No. 141 is hereby
repealed

["Sec. 47. The persons specified in the next following Sec. are hereby granted
time, not to extend beyond December 31, 2020 within which to avail of the
benefits of this Chapter: Provided, That this period shall apply only where the
area applied for does not exceed twelve (12) hectares: Provided, further, That
the several periods of time designated by the President in accordance with
Sec. Forty-five of this Act shall apply also to the lands comprised in the
provisions of this Chapter, but this Sec. shall not be construed as prohibiting
any of said persons from acting under this Chapter at any time prior to the
period fixed by the President.”]

Section 5. Section 48, Chapter Vill, Title Il of Commonwealth Act No. 141, as amended, is
hereby further amended by the addition of the following paragraph’

[SECTION 48, The following described citizens of the Philippines, occupying
lands of the public domain or claiming to own any such land or an interest
therein, but whose titles have not been perfected or completed, may apply to
the Court of First Instance 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:

x

“PROVIDED, THAT NOTHING IN THIS PROVISION SHALL BE
TAKEN TO PRECLUDE THOSE IN POSSESSION OF PUBLIC ALIENABLE
AND DISPOSABLE LAND FROM SEEKING ADMINSTRATIVE
CONFIRMATION OF THEIR TITLE.”

Section 6. - Section 119. Chapter XIV, Title VI of Commonwealth Act No. 141 is hereby
repealed.

[SECTION 119. Every conveyance of land acquired under the free patent or
homestead provisions, when proper, shall be subject to repurchase by the
applicant, his widow, or legal heirs, within a period of five years from the date
of the conveyance ]

Section 7. - Section 131, Chapter XVI, Title VI of Commonwealth Act No. 141, as amended,
is hereby further amended to read as follows:
“Section 131. Any person who sells from 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 (P50,000) AND NOT MORE
THAN FIVE HUNDRED THOUSAND PESOS (P500,000) or imprisonment
[for not more than three months) FOR NOT MORE THAN ONE YEAR, or
both, upon the discretion of the court.

Section 8. - Section 132, Chapter XVI, Title VI of Commonwealth Act No. 141, as amended,
is hereby further 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 his/HER 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. PROVIDED, THAT IN CASE THE OFFENDER IS A
CORPORATION, ASSOCIATION OR PARTNERSHIP THEIR RESPONSIBLE
OFFICIALS SHALL BE DEEMED JOINTLY AND SEVERALLY LIABLE;
PROVIDED, FURTHER, THAT IN CASE THE OFFENDER IS A PUBLIC OFFICIAL
OR GOVERNMENT OFFICIAV/EMPLOYEE, HE/SHE 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.”

Section 9. - Section 133, Chapter XVI, Title VI of Commonwealth Act No. 141, as amended,
is hereby further amended to read as follows:

“Section 133. — Any person who, without having the qualification
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
10% OF THE FAIR MARKET VALUE OF THE LAND APPLIED FOR, or by
imprisonment [for not more than five years] TO TWELVE (12) YEARS, or
both, upon the discretion of the court. IF THE OFFENDER IS A PUBLIC
OFFICIAL OR GOVERNMENT OFFICIAVEMPLOYEE, HE/SHE 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.”

Section 10. - Presidential Decree 152 is hereby further amended by the addition of the
following paragraph

“PROVIDED THAT THIS DECREE SHALL NOT APPLY TO LAND
GRANTS UNDER THE FREE PATENT PROVISIONS OF THE PUBLIC
LAND ACT”

Section 11. - Section 93 of Presidential Decree 1529 as amended, is hereby further
amended by the addition of the following paragraph

Sec. 93. Contribution to Assurance Fund. - Upon the entry of a certificate of
title in the name of the registered owner, and also upon the original
registration on the certificate of tile of a building or other improvements on
the land covered by said certificate, as well as upon the entry of a certificate
pursuant to any subsequent transfer of registered land, there shall be paid to
the Register of Deeds one-fourth of one per cent of the assessed value of the
real estate on the basis of the last assessment for taxation purposes, as
contribution to the Assurance Fund. Where the land involved has not yet been


assessed for taxation, its value for purposes of this decree shall be
determined by the swom declaration of two disinterested persons to the effect
that the value fixed by them is to their knowledge, a fair valuation.

Nothing in this section shall in any way preclude the court from increasing the
valuation of the property should it appear during the hearing that the value
stated is too small

“PROVIDED THAT THE FEES PRESCRIBED BY THIS SECTION SHALL
NOT APPLY TO LAND GRANTS UNDER THE FREE PATENT PROVISIONS
OF THE PUBLIC LAND ACT.”

Section 12. - Section 111 of Presidential Decree 1529 as amended, is hereby further
amended by the addition of the following paragraph

Sec. 111. Fees payable. - The fees payable to the Clerk of Court, the Sheriff,
the Register of Deeds and the Land Registration Commission shall be as
follows:

700

“PROVIDED THAT THE FEES PRESCRIBED BY THIS SECTION SHALL
NOT APPLY TO LAND GRANTS UNDER THE FREE PATENTS
PROVISIONS OF THE PUBLIC LAND ACT.”

Section 13. — In order to expedite the issuance of free patents, the DENR through
the LMS/LMB shall determine the appropriate form, style and definition of technical
description which should 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

Section 14. — 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.

Section 15. — Upon effectivity of this Act, no fees shall henceforth be payable for the
preparation, issue and registration of free patents.

Section 16. — Repealing Clause. - 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,

Section 17. 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.

Section 18. - Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved