FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENe.:.r:e21 
S. N 0 .. -"'.~"-='1:= 
, . 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Pursuant to Article XIII, Section 1 of the 1987 Philippine Constitution, Congress is 
mandated to give highest priority to the enactment of measures that reduce social, economic and 
political inequalities and cultural inequities by equitably diffusing wealth and political power. 
The State shall, to this end, regulate the acquisition, ownership, use and disposition of property 
and its increments. The 1987 Constitution, in the same article, likewise upholds the rights of 
farmers to own directly the lands they till, and of fishermen to the preferential use of both inland 
and offshore communal marine resources. 
However, 22 years after the ratification of the 1987 Constitution, the State has yet to 
fulfill this mandate. Land ownership continues to remain a dream for many landless farmers and 
fishermen. Thus, this bill proposes a mechanism that will ensure equitable access to and 
ownership of public lands by farmers and fisherfolks through a system of free patent. While the 
proposed· measure extends the free patent system to qualified beneficiaries as defined, 
preferential right is given to (I) farmers and farm workers who have continuously occupied and 
cultivated either by themselves or their predecessors-in-interest a parcel of public land and (2) 
fisherfolks living along coastal areas and similar areas of the public domain near the fishing 
ground. As a safeguard for the qualified beneficiaries of the free patent system, any person who 
willfully obstructs or impedes the acquisition of a free patent by a qualified beneficiary, or who 
sells, transfers or acquires a land of public domain to circumvent the application of this bill, shall 
be criminally liable and meted out a penalty of fine and or imprisonment. 
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The importance of land tenure security cannot be overstated. Ownership of land tenure 
facilitates transactions in land and enables land (0 be used as collateral for loans. More 
importantly, food security depends on land security tenure in direct and indirect ways - farmers 
and fishermen who are given security of land tenure contribute to food security though their own 
food production and through other economic activity using land as a resource. This bill thus 
provides hope not only for landless, marginalized farmers and fishermen but also (0 the general 
Filipino public. 
In view of the foregoing, early passage of this bill is earnestly requested. 
This bill was originally filed by Senator Mar Roxas during the Second Regular Session of 
the Fourteenth Congress. 
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FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 2421 
/--
M«MIP "",. 'r" 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
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PROVIDING A MECHANISM FOR THE EQUITABLE ACCESS TO AND OWNERSHIP OF 
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PUBLIC LANDS BY FARMERS ANDFISHERFOLKS, MANDATING FOR THAT 
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PURPOSE AN ADMINISTRATIVE PROCESS FOR THE TITLING OF SUCH PUBLIC 
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LANDS THROUGH THE ISSUANCE OF FREE PATENT AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act shall be known as the 'Farmers' and Fishermen's 
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Free Patent Act' 
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SECT,ION 2. Declaration of Policy. - It is hereby declared the policy of the State to give 
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utmost priority to the right of farmers and fisherfolks to an equitable access to and ownership of 
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land. Toward these ends, the State shall implement a mechanism for an expeditious and 
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affordable land titling process, thereby providing farmers and farmworkers an opportunity to 
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directly own land and acquire security of land tenure. Further, the State shall endeavor to protect 
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the rights of fisherfolks and ensure their preferential use to communal marine and fishing 
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resources, both inland and offshore. Moreover, the State shall craft and implement measures that 
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will bring about the optimum use of land as a resource and ensure the sustainable use and 
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management oflands. 
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SECTION 3. Coverage. This Act shall cover only alienable and disposable lands of the 
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public domain classified as such in accordance with law. 
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SECTION 4. Qualified Beneficiaries. The provisions of any law, mles or regulations to 
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the contrary notwithstanding, any natural-born citizen of the Philippines who is not a registered 
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owner of more than twelve (12) hectares of alienable and disposable public land and who for ten 
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(10) years or prior thereto, either by himself or through his bonafide predecessor-in-interest, has 
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been actually residing on, and continuously possessing and occupying, under a bona fide claim 
, 
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of acquisition: of ownership, a parcel of untitled land of the public domain classified as alienable 
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and disposable, shall, upon application, be entitled to have a free patent issued to him for such 
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parcel of land; Provided, That the land applied for is not needed for public service or public use 
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and that no such free patent shall be issued for townsite reservations established under Chapter 
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XI of the Public Land Act: Provided further, That none of the provisions of Presidential Decree 
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No. 705, othetwise known as the Revised Foresty Code are violated by the issuance of such 
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patent; Provided finally, That the land for which a free patent is applied for shall not be 
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encumbered, sold, or converted into other uses by the applicant within five (5) years from the 
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issuance ofthe free patent. 
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SECTION 5. Preferential Right to Free Patent. - Except when ownership of a parcel of 
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land has already been acquired through homestead patents, judicial confirmation of title, or other 
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modes of acquisition of title recognized under Commonwealth Act No. 141, otherwise known as 
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the Public Land Act, the following shall have preferential right to apply for a free patent covering 
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the public land which they occupy: 
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(1) Farmers and farmworkers who have continuously occupied and cultivated either by 
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themselves or their predecessors-in-interest a parcel of public land; and 
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(2) Fishennen and fisherfolks living along coastal areas and similar areas of the public domain 
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near the fishing ground. 
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For :purposes of this Act, "farmer" shall refer to a natural person whose primary 
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livelihood is cultivation of land or the production of agricultural crops either by himself or with 
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the help of his immediate household, "farmworker" shall refer to a natural person who renders 
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service for value as an employee or laborer in an agricultural enterprise or farm regardless of 
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whether his compensation is paid on a daily, weekly, monthly or "pakyaw" basis and 
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"fisherfolk" shall refer to any natural person directly or personally and physically engaged in 
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taking andor culturing and processing fishery and/or aquatic resources. 
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SECTION 6. Jurisdiction. The Provincial Environment and Natural Resources Officer or 
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City Enviromnent and Natural Resources Officer of the DENR shall have exclusive original 
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jurisdiction over all applications for the issuance of a free patent under this Act for all alienable 
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and disposable public lands within their area of jurisdiction. All protest and opposition to any 
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application for the issuance of a free patent shall likewise be adjudicated exclusively by the 
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Provincial or City Environment and Natural Resources Officer; Provided, That, jurisdiction over 
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all conflicts and cases arising from ownership of private lands shall remain with the regular 
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courts. 
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SECTION 7. Requirements. Every application under the provisions of this Act shall be 
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made under oath and shall set forth 
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(1) The name and address of the applicant; 
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(2) That the applicant has all the qualifications required by this Act; 
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(3) That the application is made in good faith; 
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(4) That the application is made for the exclusive benefit of the applicant and not, either directly 
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or indirectly for the benefit of any other person, or persons, corporation, association, or 
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partnership, 
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(5) As accurate a description of the land as may be given, the city or municipality where it is 
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located, and its limits and boundaries, specifying those having reference to accidents of the 
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ground or permanent monuments, if any; and 
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(6) That the land applied for shall not be encumbered, sold, or converted into other uses by the 
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applicant within live (5) years from the issuance of the free patent. 
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SECTION 8. Publication. All applications for a free patent filed under the provisions of 
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this Act shall be posted in the Provincial or City Enviromnent and Natural Resources Office and 
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in the provincial capitol or city hall of the province or city where the land subject of the 
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application is situated. 
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SECTION 9. Registration of Title. If, after having duly complied with the posting 
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requirement, without any objection or opposition having been filed thereto, the land is 
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determined to be an alienable and disposable land of the public domain and the applicant is a 
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qualified beneficiary under the provisions of this Act, an order for the approval of application 
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and issuance of a free patent shall be signed and issued by the Provincial Environment and 
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Natural Resources Officer or the City Environment and Natural Resources Officer. The duly-
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signed free patent shall be transmitted to the Register of Deeds of the province or city where the 
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land subject of application is situated within five (5) working days from the time of its issuance 
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for registration and the issuance of the corresponding certificate of title, in accordance with 
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Section 103 of Presidential Decree 1529. It shall be the duty of the Register of Deeds to register 
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the free patent within five (5) days from receipt thereof, whereupon a certificate of title shall be 
16 
entered as in other cases of registered lands, and an owner's duplicate certificate of title be issued 
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to the grantee. 
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SECTION 10. Remedies. Any person may file an objection or opposition under oath to 
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any application on the grounds that the applicant is not qualified under the provisions of this Act, 
20 
or that the llmd subject of the application is needed for public use and purposes. The City 
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Environment and Natural Resources Officer or the Provincial Enviromnent and Natural Officer 
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shall resolve the matter raised by the opposition in accordance with the existing mechanism and 
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procedure for Settlement of Land Disputes. 
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SECTION 11. Bar Against Conversions. - Any land whose title is secured under the 
25 
provisions of this Act for the benefit of farmersl farm workers and/or fishermenlfisherfollcs shall 
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1 
not be allowed for any large-scale conversions whether for residential, industrial or commercial 
2 
purposes for a period of lwenty (20) years beginning from the date of issuance of the title. This 
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twenty year bar against land conversions, as provided in this Section, shall be expressly noted in 
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the land title issued under this Act. 
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SECTION 12. Mandatory Support from Government Agencies. - Any land whose title is 
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secured under the provisions of this Act for the benefit of fanners/ fann workers and/or 
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fishennen/fisherfolks shall be promptly given the adequate support from any government 
8 
agency, particularly from the Departments of Trade and Industry, Agriculture and Environment 
9 
and Nalural Resources, which shall include such adequate entrepreneurial training, financial 
10 
access progralns, and such other administrative support services necessary to ensure that these 
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lands and ils use are maximized for the benefit of the fanners/fisherfolks and 
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fishermenlfisherfolks. 
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SECTION 13. Penalties. Any person who, without having the qualifications required by 
14 
this Act, shall by deceit or fraud secures or attempts to secure a certificate of litle through a free 
15 
patent, or induces or knowingly pennits another to do the same, and any person aiding and 
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abetting him therein shall, upon conviction, be punished by a fine of not less than 10% of the fair 
17 
market value of the land applied for as determined by the local government unit or by 
18 
imprisonment of prision mayor, or both, in the discretion of the court; Provided, That 24 if the 
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offender is a public official, the penalty shall include removal from office, forfeiture of all 
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retirement benefits and perpetual disqualification to hold any other appointive or eleclive 
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positions. 
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Any person who willfully prevents or obstructs the acquisition of a free patent by a 
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qualified beneficiary, or sells, transfers, acquires a land of the public domain for purposes of 
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circumventing lhe provisions of this Act shall, upon conviction, be punished by a fine of nolless 
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than 20% of the fair market value of the land applied for as detennined by the local government 
26 
unit or by imprisonment of reclusion temporal, or both, in the discretion of the court; Provided, 
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• 
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That if the offender is a public official, the penalty shall include removal from office, forfeiture 
2 
of all retirement benefits and perpetual disqualification to hold any other appointive or elective 
3 
positions. 
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Any violation of Section 11 of this Act shall be punishable by imprisonment of prision 
5 
mayor, or both, in the discretion of the court; provided that, if the offender is a public official, the 
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penalty shall include removal [rom office, forfeiture of all retirement benefits and perpetual 
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disqualification to hold any other appointive or elective positions. 
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SECTION 14. Separabiliy Clause. If, for any reason or reasons, any part or parts of this 
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Act shall be declared unconstitutional or invalid by any competent court, other parts or 
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provisions thereof not affected thereby shall continue to be in full force and effect. 
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SECTION 15. Repealing Clause. All laws, decrees, executive orders, executive issuances 
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or letters of instlUction, lUles and regulations, or any part thereof, inconsistent with or contrary to 
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the provisions ofthis Act, are hereby deemed repealed, amended or modified accordingly. 
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SECTION 16. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
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pnblication in two (2) national newspapers of general circulation. 
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Approved, 
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