Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session
= 6903
House Bill No.

introduced by Honorable Roy M. Loyola

EXPLANATORY NOTE

Land denotes the quantity and character of the interest or estate which the tenant may
‘own in land. (Black’s Lew Dictionary Revised 4” Edition). Land is considered as one of the most
valuable sconor sources Of not just @ person but even that of the State.

In our jurisdiction, we use the Torrens System of Registration. (Section 2, P.D. 1528).
The System Is the most effective measure to guarantee integrity of land titles. The best
evidence of ownership of land or an interest therein is the Certificate of Title issued under the
System. Certificates of Title are supposed to be indefeasible and incontrovertible. Titles, once
registered, should not thereafter be impugned, altered, changed, modified, enlarged, or
diminished, except in some direct proceeding permitted by lew. Otherwise, all security in
tegistered tities would be lost. (Albienda vs. C.A., 135 SCRA 402, 1985). Accordingly, persons
dealing with land or any interest therein ere required to put full faith and credit on what appears
on the face of the Title

tuntely, in recent times, there has been alarming increase in the incidents of fake
or faisified titles. Worse, it eppears that these spurious Titles were issued by the concerned
public officiais in connivance with private individuals. if this illegal practice is allowed to
f country will be flooded with feke or falsified titles each inficting harm on the
y's economic stability and security.

As our laws stand today, it is Presidential Decree No. 1529, otherwise known as the
“Property Registration Decree” which is the primary piece of legislation thet governs land
led and codified the various laws relative registration of properties. Of
other related laws, such as Commonwealth Act No. 141, Act No. 496,
and Presidential Decree No. 27 which are not inconsistent therewith stil continues to be in force
and effect.



Regrettably, while the Property Registration Decree, in its whereas clauses,
acknowledged the need “to strengthen the Torrens system” and the need “to adopt safeguards
to prevent anomalous titling of property’, it failed to institute penal provisions, in case of
violation thereof. Thus, the law lacks “teeth”, so to speak, to accomplish its objectives. A person
responsible for the issuance of a fake or falsified Title may only be held criminally liable for
perjury under Article 183 of the Revised Penal Code; and/or Falsification of public documents
under either Article 171 or Article 172 of the same Code. The penalty for perjury is a mere
arresto mayor in its maximum period to prision correctional in its minimum period. On the other
hand, the maximum penalty imposable for falsification is a mere prision mayor and a fine not to.
exceed P5,000.00.

This proposed bill seeks remedy and stop the nefarious practice of anomalously titling
land, amending for the purpose the provisions of Article 171 and 172 of the Revised Penal
Code, by increasing its penalty, if the falsification involves a Certificate of Land Title or any Land
Patent Application, deed, instrument or documents in support thereof, reasonably connected
with and calculated to cause the issuance of a Certificate of Land Title. In addition, the offense
shall be deemed a heinous offense involving economic sabotage if the fair market value of the
land as shown by its Tax Declaration issued by the City or Provincial Assessor, or the Zonal
Valuation as determined by the Commissioner of Internal Revenue, whichever is higher, or the
aggregate value thereof, where the falsification or series or combination of falsifications involves
more than one (1) Title is at least Ten Million Pesos (P10,000,000.00).

In this light, the undersigned seeks the support of his ci jues/in approving this bill.

IROY M. LOYOLA


Republic of the Philippines.
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

House Bill No.__ 6903

Introduced by Honorable Roy M. Loyola

AN ACT IMPOSING STIFFER PENALTIES FOR FALSIFICATION OF
CERTIFICATES OF LAND TITLE OR ANY APPLICATION, DEED,
INSTRUMENT OR SUPPORTING DOCUMENT, REASONABLY
CONNECTED WITH AND CALCULATED TO CAUSE THE ISSUANCE
OF A CERTIFICATE OF LAND TITLE, CLASSIFYING THE SAME AS A
HEINOUS OFFENSE INVOLVING ECONOMIC SABOTAGE IF THE
VALUE OR AGGREGATE VALUE OF THE LAND IS AT LEAST TEN
MILLION PESOS (P10,000,000.00), AMENDING FOR THE PURPOSE
ARTICLES 171 AND 172 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS, THE REVISED PENAL CODE AND FOR
OTHER PURPOSES.

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

Section 1. Section 171 of Act No. 3815, as amended, otherwise known as, the Revised
Penal Code, is hereby amended to read as follows

‘Art. 171. Falsification by public officer, employee or notary or ecclesiastic
minister. - The penalty of prison mayor and a fine not to exceed 5,000 pesos shall be
imposed upon any public officer, employee, or notary who, taking advantage of his
official position, shall falsify a document by committing any of the following acts:

XXX


THE PENALTY OF RECLUSION TEMPORAL AND A FINE OF P50,000 SHALL.
BE IMPOSED IF THE DOCUMENT FALSIFIED IS A CERTIFICATE OF LAND TITLE
OR ANY LAND PATENT APPLICATION, DEED, INSTRUMENT OR DOCUMENT IN
SUPPORT THEREOF, REASONABLY CONNECTED WITH AND CALCULATED TO
CAUSE THE ISSUANCE OF A CERTIFICATE OF LAND TITLE. PROVIDED THAT,
THE PENALTY OF RECLUSION PERPETUA SHALL BE IMPOSED IF THE FAIR
MARKET VALUE AS SHOWN BY ITS TAX DECLARATION ISSUED BY THE CITY OR
PROVINCIAL ASSESSOR, OR ZONAL VALUATION AS DETERMINED BY THE
COMMISSIONER OF INTERNAL REVENUE, OR AGGREGATE VALUE THEREOF,
WHERE THE FALSIFICATION OR SERIES OR COMBINATION THEREOF INVOLVES
MORE THAN ONE (1) TITLE IS AT LEAST TEN MILLION PESOS (P10,000,000.00).

SECTION 2. Article 172 of Act No. 3815, as amended, otherwise known as, the Revised
Penal Code, is hereby amended to read as follows:

“Art. 172. Falsification by private individuals and use of falsified documents. - The
penalty of prision correccional in its medium and maximum periods and a fine of not
more that 5,000 pesos shall be imposed upon

(1) Any private individual who shall commit any of the falsifications enumerated in
the next preceding article in any public or official document or letter of exchange
or any other kind of commercial document;

PROVIDED, THAT, THE PENALTY OF PRISION MAYOR AND A FINE OF
25,000 SHALL BE IMPOSED IF THE DOCUMENT FALSIFIED IS A CERTIFICATE OF
LAND TITLE OR ANY LAND PATENT APPLICATION, DEED, INSTRUMENT OR
DOCUMENT IN SUPPORT THEREOF, REASONABLY CONNECTED WITH AND.
CALCULATED TO CAUSE THE ISSUANCE OF A CERTIFICATE OF LAND TITLE.
PROVIDED THAT, THE PENALTY OF RECLUSION PERPETUA SHALL BE IMPOSED
IF THE FAIR MARKET VALUE AS SHOWN BY ITS TAX DECLARATION ISSUED BY
THE CITY OR PROVINCIAL ASSESSOR, OR ZONAL VALUATION AS DETERMINED
BY THE COMMISSIONER OF INTERNAL REVENUE, OR AGGREGATE VALUE
THEREOF, WHERE THE FALSIFICATION OR SERIES OR COMBINATION THEREOF
INVOLVES MORE THAN ONE (1) TITLE IS AT LEAST TEN MILLION PESOS
(P10,000,000.00).


CERTIFICATE OF LAND TITLE FOR PURPOSES OF THIS ARTICLE AND
THE IMMEDIATELY PRECEDING ARTICLE REFERS TO EVIDENCE OF
OWNERSHIP ISSUED PURSUANT TO THE ORDER OF THE COURT OVER
REGISTERED LAND OR THE MUNIMENT OF TITLE ISSUED BY A GOVERNMENT
ADMINISTRATIVE AGENCY FOR THE CONVEYANCE OF SOME PORTION OF
PUBLIC DOMAIN. IT INCLUDES. BUT IS NOT LIMITED TO ORIGINAL
CERTIFICATES OF TITLE (OCT), TRANSFER CERTIFICATES OF TITLE (TCT),
CERTIFICATE OF LAND OWNERSHIP AWARDS (CLOA), LAND PATENTS, SALES
PATENTS, HOMESTEAD PATENTS, AND FREE PATENTS.

(2) Xxx

SECTION 2. if any provision of this Act shall be declared invalid or unconstitutional, the

remaining part or provisions not otherwise affected shall remain in force.

SECTION 3. Any law, decree, ordinance, administrative circulars not consistent with any

provision of this Act is hereby amended, repealed or modified accordingly.

SECTION 4. This Act shall take effect fifteen (15) days after its complete publication in

the Official Gazette or in at least two (2) newspapers of general circulation

Approved.