? 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
OF THE PHILIPPINES 
S E N A T E  
Introduced by Senator Juan M. Flavier 
EXPLANATORY NOTE 
The purpose of the Public Land Act of 1936 was to distribute land to the people 
for their economic well-being. During that time, the country's population was relatively 
low in proportion to vast land resources. Present conditions have rendered this law 
inadequate to the demands of growing population and the present strategy of 
developing the country's natural resources. Moreover, the tenurial system espoused by 
the Public Land Act has been outpaced by developments related to the protection of the 
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environment. 
The need to update our land laws can no longer be postponed. This proposed 
Revised Public Land Act of the Philippines seeks to do just that: it seeks to underscore 
the ecological and conservation aspects of land development, and gives due recognition 
to the role of indigenous cultural communities (ICCs). The stewardship concept of 
landholding has also been incorporated in this Act, underscoring the responsibility of 
those who possess the land. 
The coverage of this Act includes agricultural lands and those for non-forestry 
use, ancestral lands, friar lands and those not under the jurisdiction of any government 
agency. 
Approval of this Bill is earnestly sought. 
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THIRTEENTH CONGRESS F THE REPUBLIC ) 
OF THE PHILIPPINE 
)%:;*" 
First Regular Session 
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Introduced by Senator Flavier 
REVISED PUBLIC LAND ACT OF THE PHILIPPINE 
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Be if enacted by the Senate and the House of Represenfafives in Congress assembled: 
SECTION. 1. Short We. - This Act shall be known as "The Revised Public Land 
Act of the Philippines." 
SEC. 2. Declaration of Policy. - The State shall promote the general welfare 
through the efficient management and disposition of public lands to ensure their 
sustainable development and conservation and support a rational land resource 
management program by intensifying the survey of lands, hastening the disposition of 
alienable and disposable lands, and accelerating their disposition and titling under the 
provisions of this Act. 
SEC. 3. Coverage. -The provisions of this Act shall cover public agricultural lands 
as defined hereunder. 
. Definition of Terms. - For purposes of this Act: 
(a) Agricultural Lands shall refer to lands of the public domain which are neither 
foresfftimber, mineral or national park. 
(b) Alienation, disposifion or concession shall refer to any of the modes 
authorized by this Act for the acquisition, lease, use or benefit of the lands of the public 
domain other than forest, mineral or national park. 
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(c) Alienable and disposable lands refer to those lands of the public domain 
which have been the subject of the present system of classification and declared as not 
needed for forest, mineral purposes or national parks. 
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(d) Bureau shall refer to the ureau of Land Management created under this 
Act. 
(e) Commercial Lands shall refer to portions of alienable and disposable lands 
of the public domain classified as suitable and intended for trading of goods and 
services. 
(f) 
Department shall refer to the Department of Environment and Natural 
Resources. 
(9) Foreshore land shall refer to a string of land that margins a body of water or 
the shore between the lowest low waterline of a low tide terrace and the upper limit of 
wave wash at highest high tide, usually marked by a beach scarp or berm; 
(h) Foresflands shall refer to lands of the public domain which have been 
classified as such by existing forestry laws and all unclassified lands of the public 
domain. 
(i) 
Free Pafenf shall refer to a mode of acquiring a parcel of alienable and 
disposable public land which is suitable for agricultural and residential purposes, 
through the administrative confirmation of imperfect or incomplete title. 
(j) 
Final Proof or proof of compliance shall refer to a document in writing 
submitted to the Director of the Bureau of Land Management by the applicant informing 
that all the requirements prescribed under Section 16 of this Act have been satisfactorily 
completed and complied with. 
Government Lands shall refer not only to public lands but also to other kinds 
of lands of the government either reserved for or devoted to public use or subject to 
private rights. 
Homesfead shall refer to a mode of acquiring alienable and disposable 
lands of the public domain for agricultural purposes conditioned upon actual cultivation 
and residence. 
(m) Industrial Lands shall refer to public lands within the zone established by 
local governments for the manufacture and production of large quantities of goods and 
commodities. 
(k) 
(I) 


(n) Lease shall refer to a form of concession of a public land under which for a 
consideration, it is rented for a fixed term to a qualified person or entity subject to the 
conditions prescribed in this Act. 
(0) Lands of fhe Public Domain shall refer to lands of the State which may 
(p) Reservation shall refer to any tract of land of the government proclaimed as 
either be agricultural, forest or timber, mineral or national park. 
such by the President or by law for the use of the Government, any of its branches, 
subdivisions, instrumentalities, or inhabitants thereof, for public, quasi-public, settlement 
or resettlement purposes. 
(9) Residential Lands shall refer to public lands intended for or devoted to the 
(r) Sale shall refer to a mode of disposition of public lands whereby a sales patent 
is issued to a qualified applicant upon full payment of the purchase price to the 
government determined in a public bidding, except as herein provided and upon 
compliance with other conditions prescribed in this Act. 
Special Patenf shall refer to a gratuitous title over public lands awarded for a 
particular purpose in favor of government units or instrumentalities for their use, subject 
to the terms and conditions provided therein. 
Vested Righf shall refer to such right to, or interest in, property that has 
become fixed and established and no longer open to question by reason of actual, 
exclusive and continuos possession in good faith of a public land within the period 
prescribed by law. 
(u) Visiforial Aufhorify shall refer to the power of the Director of the Bureau of 
Land Management to conduct investigations and to have access to pertinent records of 
lands covered by this Act for the purpose of determining compliance with the terms and 
conditions of the Public Land Application. 
construction and establishment of dwellings. 
(s) 
(t) 
CHAPTER II 
J U RlSDlCTlON 
SEC. 5. Jurisdiction. -The Department through the Bureau, shall have the 
exclusive jurisdiction to regulate, verify and approve original and subdivision surveys as 
well as manage and dispose all lands within the coverage of this Act. Likewise, it shall 
have the primary and exclusive original jurisdiction over all actions affecting original 


titles to lands emanating from patents, deeds, and other original conveyances under this 
Act. Decisions of the Department, through the Bureau, shall be immediately executory 
even pending appeal. 
CLASSIFICATION, DELIMITATION AND SURVEY OF LANDS 
OF THE PUBLIC DOMAIN 
SEC. 6. 
Classification of Lands of fhe Public Domain. Lands of the Public 
Domain are classified into: 
(a) Agricultural lands; 
(b) Forest or timber; 
(c) Mineral; or 
(d) National Parks. 
The Congress, by law, and upon the recommendation of the Department, shall 
complete the classification of the remaining unclassified lands of the public domain: 
Provided, That Congress, by law and upon the recommendation of the Secretary of the 
Department, may from time to time, reclassify the lands of the public domain for 
purposes of their administration and disposition. 
SEC. 7. Publicafion and Posting of Lisfs of Agricultural Lands. - After the 
reclassification of agricultural lands, pursuant to the Constitution, the Director of the 
Bureau shall cause to be posted the list of public lands declared open to disposition in 
the bulletin board of the barangay, municipal or city hall, of the prqvincial capitol and of 
the Registry of Deeds where the land is located which shall be there to stay for not less 
than sixty (60) days and to be published once in a newspaper of general circulation 
within the same period. 
No disposition shall be valid unless the required posting and publication shall 
have been complied with. 
SEC. 8. lnfegrafion of Land Surveying Acfivifies. - In order to avoid inconsistent 
land survey data, the Bureau shall regulate the conduct of all land surveys. Other 
government agencies exercising this function at the time of enactment of this Act, shall 
turn over their respective technical data to the Bureau for evaluation and verification and 
thereafter shall form part of the official land survey data. 
The National Mapping and Resource Information Authority (NAMRIA) shall be 


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responsible in the establishment of the National 
eodetic Network of the First and 
Second Order accuracy. However, the densification thereof in the Third and Fourth 
Order accuracy shall be the function and responsibility of the Bureau. 
The survey of political boundaries and the delineation between alienable and 
disposable landdareas, and forestlands, national parks such as watershed areas, 
reservations and other protected areas and foreshore lands shall be the sole 
responsibility of the Bureau in close coordination with all concerned government 
agencies. 
SEC. 9. Who may Execute Surveys. - Land surveys for registration and other 
purposes shall be made only by duly licensed geodetic engineers. Geodetic engineers 
may undertake surveys of public and government lands only upon receipt of the order or 
survey authority issued by the Director of the Bureau. Moreover, survey of lands under 
the jurisdiction of other government agencies by virtue of existing laws shall be 
executed only upon the conformity of the head of the said agencies. 
Duly licensed geodetic engineers in private practice may be authorized to 
undertake Cadastral and public land surveys subject to existing laws and regulations 
and under the technical direction and supervision of the Director of the Bureau. 
SEC. 10. 
Verification and Approval of Surveys. - In consonance with the 
preceding section, the Bureau shall be the sole agency to verify and approve all surveys 
executed covering both public and private lands, simple and complex subdivision and 
mineral claims. Their corresponding data shall be computed and their plans prepared in 
the forms prescribed by the Bureau. 
SEC.ll. Survey Records. - The Bureau shall be the sole repository of all 
survey records including maps and plans mentioned in the preceding Section. 
SEC.12. Conduct of Surveys. - In all conduct of original and isolated surveys for 
registration, the provision of SEC. 397 of the Revised Manual of Land Surveying 
Regulations of the Philippines must be strictly complied with. 
SEC.13. Lands Open to Disposition - Lands declared open to disposition or 
concession are those public agricultural lands which have been delimited and classified 
by law as such and, when practicable, surveyed, and not reserved for public or quasi- 
public uses. However, the Congress, by law and upon the recommendation of the 
Secretary of the Department, may, for reasons of public interest, declare lands of the 


public domain open to disposition before th 
established or been surveyed, or the President 
concession or disposition untif they are a 
disposition by proclamation. 
had their boundaries 
e reason, suspend their 
pen to concission or 
. Modes of Disposition of Public Agricultural Lands. - Public lands 
classified as agricultural shall be disposed of under any of the foflowing modes: 
(a) by homestead; 
(b) by special grant; 
(c) by sale; 
(d) by lease; and 
(e) by confirmation of imperfect or incomplete title by judicial legalization or 
administrative confirmation (Free Patent). 
, HOMESTEA 
SEC. 15. Who May Apply. - Any citizen of the Philippines of legal age or head of 
a family, who does not own more than five (5) hectares of land in the Philippines or has 
not had the benefit of any gratuitous allotment of more than five (5) hectares of land, 
may apply for %I homestead. 
. Cultivation and Residence Requirements. - No patent shall be 
issued unless the entire area of the land applied for has actually and personally been 
improved and made agriculturally productive by the applicant or with the assistance of 
the immediate members of his household within one (I) 
year from the approval of the 
application and the applicant has established his residence in the said land within the 
same period, Provided, fhat in the event that the applicant is unable to cultivate the 
whole area within one (1) year then only the portion he has so cultivated will be the 
subject of application. Within thirty (30) days after compliance with the aforementioned 
requirements, the applicant shail notify in writing the Director of the Bureau of his 
intention to make final proof. 
SEC. 17. Number of Homesfeead Allowed. - Only one homestead entry shall be 
allowed to any one person, and no person to whom a homestead patent has been 
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issued by virtue of the provisions of this Act and previous laws regardless of the area of 
his original homestead, may again acquire a homestead: Provide 
however, 'That any 
previous homesteader who has been issued a patent for less than five (5) hectares and 
otherwise qualified to make a homestead entry, may be allowed another homestead 
within the province, which together with his previous homestead shall not exceed an 
SEC. 18. Transfer of Homestead Righfs. - After the approval of the application 
but before the patent is issued, the applicant, who has complied with all the 
requirements of the law for the issuance of a patent but cannot continue with the 
homestead through no fault of his own, may, with the previous approval of the Director 
of the Bureau or his duly authorized representative, transfer his rights to the land to any 
person legally qualified to apply for a homestead. The transferee shall fils a homestead 
application in his name for the land so acquired, and shall succeed the original 
homesteader in his rights and obligations. The person who has validly transferred his 
homestead rights may for the last time be allowed to apply for a new homestead, 
Transfer macle without the required approval shall be null and void and shall ipso 
jure cancel the entry. Such cancellation shall constitute a bar to apply for another 
homestead for another land. 
SEC. 19. Grounds for fhe Cancellafion of Application. - The Director of the 
Bureau, after notice and hearing, may cancel the homestead entry if it shall have been 
proven to his satisfaction that: 
area of five (5) hectares. 
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(a) The land is not subject to homestead entry; 
(b) The homesteader has actually changed his residence or voluntarily 
abandoned the land for more than six (6) consecutive months during the prescribed 
periad of residence and occupation required, except when prevented by critical peace 
and order situation or force majeure duly reported by him in writin to the Director of the 
Bureau not later than thirty (30) days upon abandonment; or 
(c) The appficant has failed to cornpfy with other requirements of this Act; 
(d) The applicant employed share tenants for purposes of complying with the 
requirements of law. 


. SPECIALG 
SEC. 20. Who May Apply. - Whenever any government unit or instrumentality, 
shall need any portion of the public agricultural lands open to concession, the Congress, 
by law, or the President, by proclamation, upon recommendation of the Secretary of the 
Department, through special patents, may issue land g nts for educational, charitable 
institutions, socialized housing, and similar purposes. The application or proposal shall 
be accompanied by a project feasibility study and site development plan. 
SEC. 21. Condition of Special Grant. - It shall be an essential condition of the 
special grant that the applicant shall have developed the whole area consistent with the 
purposes of the special patent within reasonable time but not to exceed five (5) years 
from the approval of the application or the effectivity of the law. 
SEC. 22. lssuance of Special Patent. - If after thorough investigation, it is found 
that the applicant has complied with all the prescribed requirements, a special patent 
shall be issued to the applicant. 
SEC. 23. Reservations for Public or Quasi-public Purposes. -The President may 
reserve, by proclamation, public agricultural lands as reservations for the use of the 
Republic of the Philippines, any of its branches or instrumentalities or any of the 
inhabitants for public or quasi-public use or purpose when the public interest so 
requires, including reservations for agricultural settlements, highways, rights of way for 
railroads, hydraulic power sites, irrigation systems, communal pastures or leguas 
communales, public parks quarries, public fishponds, working men's village and other 
improvements for the public benefit. 
c. SALE 
. Who May Apply. - Any citizen of the Philippines of legal age or head of 
a Auction Sale. - The auction sale of land under this Chapter shall be by 
means of sealed bidding. The successful bidder shall be determined by the following 
procedures: 
(a) If upon opening of the bids, it shall be disclosed that the highest bid shall be 
that of the applicant, the land shall be awarded to him; 
a family may purchase public agricultural lands not exceeding five (5) hectares. 


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(b) If there shall be only one bid higher than that of the applicant, the latter shall 
be allowed to equal the same, and should he elect to do 0, he shall be declared the 
successful bidder; 
(c) If there shall be two or more bids which shall be higher than the others, and 
one of such higher and equal bids is that of the applicant’s, his bid shall be accepted. If, 
however, the bid of the applicant shall not be one of such equal and highest bids, the 
land shall be submitted to oral bidding in which the applicant need not participate. As 
soon as the highest bidder is determined, the applicant shall be asked whether he be 
willing to equal the highest bid; should he elect to do so, he shall be declared the 
successful bidder: Provided, That every time a bid is raised, there shall be a 
corresponding increase in deposit. 
. Payment of Purchase Price. - The purchase price shall be paid in cash 
or in case of installment the purchase price may be paid, after deducting the amount 
paid as deposit during the bidding, upon the award; or in not more than five (5) annual 
equal installments from the date of the award. 
SEC. 27. Obligation of an Awardee. - The awardee shall fully cultivate the land 
within three (3) years after the date of the award and shall not employ or use share 
tenants or agricultural lessees in complying with such requirements. Before patent shall 
be issued, the awardee must show to the satisfaction of the Director of the Bureau 
actual occupancy, cultivation and improvement of the entire areas as herein required, 
and full payment of the purchase price thereof. 
SEC. 28. Transfer of Rights. - After the award and full cultivation of the land, the 
purchaser, with the prior written approval of the Director of the Bureau, may convey or 
encumber his rights to any person legally qualified under this Act to purchase 
agricultural lands: Provided, That the transferor is not delinquent in the payment of any 
installment due and payable and the transfer is not for speculation purposes. Sale and 
encumbrance made without the approval of the Director of the Bureau shall be null and 
void and shall cause its annulmentkancellation of the award, and the forfeiture of all 
payments of the purchase price made by the applicant in favor of the government. Any 
person who has so transferred his rights is disqualified to apply again for the purchase 
of public agricultural land. 


SEC. 29. Abandonment and/or Failure fo Comply with the Requirements of Law. 
- If at any time after the award and before the issuance of patent, the purchaser has 
voluntarily abandoned the land for more than six (6) consecutive months at any one 
time except when prevented by the critical peace and order situation, force majeure, or 
has otherwise failed to comply with the requirements of the law, then the application 
shall, upon prior notice and hearing, be canceled and all payments and improvements 
made by the applicant shall be forfeited: Provided, however, That the purchaser shall, 
in case of abandonment by reason of critical peace and order condition or force 
majeure, make a written report under oath to the Director of the Bureau within thirty (30) 
days from the date of abandonment, specifying the reasons therefor, and his inabiltiy to 
continue his occupation by reason thereof: Provided, further, That failure to comply with 
this requirement shall remove the justification arising from abandonment. 
SEC.30. Limitation of Area fo be Acquired. 
(1) Upon the approval of this Act, no person may acquire by purchase any 
public agricultural land if such land, added to other lands already belonging to such 
person shall constitute a total area greater than the maximum area which by purchase 
is authorized under this Act. Any excess in area over the allowable limit shall be 
considered as having never been acquired which shall be deemed held in trust for the 
state, subject to judicial reversion without prejudice to voluntary reconveyance. 
(2) The person owning the land in excess of the limit established by this Act 
shall have the exclusive authority to determine the portion of the land to be segregated. 
(3) In case the corresponding title is issued on the basis of the patent, the 
Solicitor General may at the instance of the Director of the Bureau, institute the 
necessary proceeding to revert the excess portion to the State. 
(4) Only one purchase of public agricultural land shall be allowed to any 
qualified person. 
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D. LEASE 
Sec 31. Who May Apply. - 
( I )  Any citizen of the Philippines of lawful age, or any corporation, partnership or 
association organized under the laws of the Philippines at least sixty per centum (60%) 
of the capital stock of which is owned by citizens of the Philippines, may lease public 
agricultural lands not to exceed two hundred fifty (250) hectares for an individual and 


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five hundred (500) hectares for a corporation, partnership or association, but said area 
may be reduced depending upon the applicant's needs, the financing requirements of 
the specific project and the available agricultural lands as determined by the Director of 
the Bureau. 
No lease application shall be given due course unless accompanied with project 
feasibility study and the certificate of financial capability of the applicant to undertake 
the project. 
(2) No member, stockholder, officer, representative, attorney, agent, employee or 
bondholder of any corporation or association holding or controlling agricultural land shall 
directly or indirectly apply for lease of public agricultural land. 
SEC. 32. Duration of the Lease, - The lease shall be for a period of not more 
than twenty-five (25) years which may be renewed for another period of not exceeding 
twenty-five (25) years, in case the lessee shall have made valuable improvements on 
the land and shall have satisfactorily complied with all the conditions of the lease as 
determined by the Director of the Bureau and confirmed by the Secretary of the 
Department. Upon the final expiration of the lease, all buildings, trees and other 
permanent improvements on the land made by the lessee, his heirs, executors, 
administrators, successors or assigns shall, by right of accession, belong to the 
government, The land together with the improvements shall be disposed of through sale 
or lease as prescribed in this Act. 
SEC. 33. Condition ofthe Lease. - It shall be an essential condition of the lease 
that the lessee shall have fully'cultivated at least three-fourths (3/4) of the land applied 
for within three (3) years after the effectivity of the lease contract. Failure to have 
complied herewith shall result in the rescission of the lease contract and forfeiture of all 
payments made on account of the application and the improvements introduced on the 
land. 
Limitation on the Lease. - The lease of any land under this Chapter 
shall not confer any right to remove, use, utilize or dispose of any valuable timber 
thereon, except as provided in the regulations promulgated by the Department nor shall 
such lease confer any right to remove use, utilize or dispose of precious stones, oil, 
coal, salts, energy sources, medicinal mineral waters or other minerals exiting therein. 


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The lease may be amended by the Director of the Bureau, subject to the 
approval of the Secretary with notice to the lessee, to exclude such portion found to be 
more valuable for energy or mineral use, rather than agricultural purposes upon 
sufficient proof therefor. 
SEC. 35. Additional Lease. - After having paid rent for at least two (2) years, 
and having fully cultivated and improved the land, the lessee of an area less than the 
maximum allowed by law may lease an additional area adjacent to or near the original 
leased area until the total area of both leases shall have reached the maximum 
established by this Chapter. 
E. FREE PATENT 
Sec 36. Who May Apply. - Any natural-born citizen of the Philippines who is not 
the owner of more than twelve (12) hectares of agricultural lands, and who, for at least 
ten (IO) years preceding the filing of application has, by himself or through his 
predecessors-in-interest continuously occupied and cultivated a tract of agricultural land 
subject to disposition, and shall have fully paid the real estate taxes due and payable 
thereon, shall be entitled to a free patent issued to him for such tract of land not to 
exceed twelve (1 2) hectares. 
CHAPTER V 
CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE FOR 
RESIDENCE, COMMERCE AND INDUSTRY 
SEC. 37. Rule on Disposifion. - Any tract of public agricultural land which is 
intended for residential, commercial, industrial or other similar purposes shall be 
disposed of under the provisions of this Chapter. 
SEC. 38. Classification of Lands Disposable Under this Chapter - The lands 
disposable under this Chapter shall be classified as follows: 
(a) Lands reclaimed by the National Government by dredging, filling, and other 
means, including those filled-up or reclaimed by private persons authorized by the 
national government, except those reclaimed lands in which jurisdiction has been 
vested by law to other government agencies; 
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(b) Foreshore lands; 


(c) Marshy lands or lands covered with water bordering the shores or banks of 
navigable lakes or rivers; and 
(d) Lands not included in any of the foregoing classes. 
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SEC. 39. Who May Apply. - Any tract of land under this Chapter may be leased 
or sold to Philippine citizens of lawful age, or leased only to corporations, partnerships 
or associations authorized to lease public agricultural lands. If the land were to be used 
for residential purposes, the maximum area allowed by sale or lease shall not exceed 
seven hundred (700) square meters within cities and capital towns, and one thousand 
(1,000) square meters in all other places. If the land is to be used by an individual, 
corporation, partnership or association for commercial, industrial or other productive 
purposes, the area shall be that which may be reasonably necessary for the purpose for 
which the lease is applied, but in no case to exceed twelve (12) hectares; Provided, 
however, That the limitations fixed herein on the maximum area of landholdings shall 
not be applicable to persons who, upon the effectivity of this Act, by previous occupation 
of not less than ten (IO) years over a residential lot, has established his dwelling house 
thereat where he and his family have been living, in good faith, free from claims and 
conflicts, has paid the real estate taxes thereon, and has acquired a vested right. 
Residential lots exceeding in area than those provided for cities and capital towns and 
those for other places, but not exceeding one thousand two hundred (1,200) square 
meters may be granted to qualified persons as herein provided. 
SEC. 40. Disposition of Different Classes of Lands. - 
(I) 
Except as otherwise provided by law, the lands under paragraphs (b) and (c) 
of Section 38 of this Act may be disposed of by lease only, as soon as the President 
shall have declared that the same shall not be needed for public services. The lands 
under paragraph (a) and (d) may be disposed of by sale or lease. 
(2) Whenever a provinciakity or municipality shall need any of the lands covered 
by this Chapter, the President may lease the same in such form and upon such terms 
and conditions mentioned in Section 41 of this Act: Provided, however, That any 
application of a provincial, city or municipal government to serve itsmeeds as authorized 
under this Act for any of the lots under this Chapter shall operate to exclude any other 
application filed previously or simultaneously by any private person, corporation, 
partnership or association over the same land: Provided, further, That any lease existing 


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upon the filing of such application shall be subject to the condition that it shall be 
amended, modified or canceled in favor of the local government concerned upon 
payment of the reasonable value of any permanent improvement thereon as determined 
by the Director of the Bureau. 
SEC. 41. Condifions of Lease. - The leases awarded under this Chapter shall, 
among other conditions, contain the following: 
(a) The annual rental shallnot be less than six per centum (6%) of the appraised 
or reappraised value of the land plus one per cenfum (1%) of the appraised or 
reappraised value of the improvements, except for lands reclaimed by the government 
which shall not be less than eight per cenfum (8%) of the appraised or reappraised 
value of the land plus four per cenfum (4%) of the appraised or reappraised value of the 
improvements thereon; 
(b)The land rented and the improvements introduced thereon shall be re- 
appraised every five (5) years from the date of the award of the right to lease; 
(c) The term of the lease shall be as prescribed by Section 32 of this Act; 
(d) The lessee shall construct permanent improvements appropriate for the 
purpose for which the lease is granted, commence the construction thereof within six (6) 
months from the date of receipt of a copy of the order of award of the right to lease the 
land, and complete the construction within eighteen (18) months from the date of the 
order of award. 
(e) At the expiration of the lease or any extension of the same or upon its 
termination with or without cause, during the term of the lease, all improvements made 
by the lessee, his heirs, executors, administrators, successors or assigns, shall become 
the property of the government by accession; and 
(f) The Lessee shall not assign, encumber or sublet his rights without the prior 
consent of the Director of the Bureau, confirmed by the Secretary of the Department: 
Provided, however, That any violation of the lease contract at the time of assignment, 
encumbrance, or subletting shall constitute a bar to the same, and if the transaction had 
been entered, the same shall be null and void, resulting to the nullity of the lease and 
forfeiture of all improvements thereon. 
Any violation of the conditions specified in the contract shall give rise to its 
rescission. 
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. Conditions of Sale. - 
(1) The sale of the lands under paragraph (d) of 
ection 38 shall, among 
others, contain the following conditions: 
(a) The purchaser shall make the improvement of permanent character 
appropriate for the purpose for which the land is purchased, commence the work 
thereon within six (6) months from the date of receipt of the order of award and 
complete the construction of said improvements within eighteen (1 8) months from the 
date of such award; otherwise, the Director of the Bureau shall, after notice and hearing 
cancel the award; and 
(b) The purchase price shall be paid in full after the issuance of the . .  
order of 
The order of the award may prescribe additional conditions consistent with 
award, or in five (5) equal annual installments from the date of the award. 
(2) 
the provisions of this Act. 
SEC. 43. Approval of the Kind of improvements fo be Introduced. - The kind of 
improvements to be made by the lessee or purchaser, and the plans thereof, shall be 
subject to the prior approval of the appropriate government agency. Non-compliance 
with any of the conditions imposed shall be a ground for the rescission of the lease or 
purchase or cancellation of the award. 
SEC. 44. Disposition Through Bidding. - The lease or sale under this Chapter 
shall be made through sealed public bidding and adjudication shall be made to the 
highest bidder: Provided, That if the highest bidder shall be other than the applicant who 
is a permittee, the latter may equal the bid under the rules established in auction sales 
under Section 25 hereof. If all or parts of the land remained unleased or unsold, the 
Secretary of the Department shall, from time to time, announce the lease or sale thereof 
in a newspaper of general circulation. 
SEC. 45. When Direct Sale is Allowed. - Notwithstanding the provisions of 
Sections 40 and 44 of this Act, any citizen of the Philippines of lawful age who is not a 
registered owner of a residential lot in the same municipality or city and who has in good 
faith established his residence on a parcel of public land for at least ten (IO) years and 
who has fully paid the real estate taxes thereon, shall be given preference to purchase 
at a negotiated sale not more than seven hundred (700) square meters within cities and 
capital towns and one thousand (1,000) square meters in all other places at a price 


to be fixed by the Director of the Bureau or his duly authorized representative. It shall be 
an essential condition of the sale that the occupant has lawfully constructed his house 
on the land and is and has been actually and continuously residing thereon in good 
standing for the last ten (IO) years prior to the filing of the application free from claims 
and conflicts. Ten per centurn (10%) of the purchase price shall be paid upon award of 
the land and the balance shall be paid in full or in installments within a period of ten (1 0) 
years from the date of the award. 
SEC. 46. When Grant of Free Patent is Allowed over residential lands. - 
(I) 
Any natural-born citizen of the Philippines who, for at least twenty (20) years 
immediately preceding the filing of the application, either by himself or through his 
predecessors-in-interest, has actually been residing or has continuously possessed and 
occupied in good faith a parcel of residential land of the public domain located within 
fifth class municipality or below, subject to disposition free from claims and conflicts and 
who shall have fully paid the real estate taxes due and payable for the last twenty (20) 
years immediately preceding the filing of application , be entitled to a free patent. 
Provided further that the area shall not exceed 1,000 square meters. 
CHAPTER VI 
RESERVATIONS 
TOWNSITE RESERVATION 
SEC. 47. Survey of Townsite - Whenever it shall be for public interest to create 
a new town, the Director of the Bureau shall cause the conduct of surveying the 
boundaries of the site on which such town is to be established. The result of the survey 
shall be sent to the Secretary of the Department with corresponding recommendations 
for approval. 
SEC. 48. Townsite Proclamation. - The Secretary of the Department shall submit 
its recommendation, in coordination with the local government units, to the President a 
proclamation reserving the land surveyed or such part thereof as townsite. Authentic 
copies of the proclamation shall immediately be furnished the Director of the Bureau 
and the Register of Deeds of the province where the land is situated. 
SEC. 49. Expropriation of Private Lands. - If, in order to carry out the provisions 
of this Chapter, it shall be necessary to acquire private lands within the limits of the new 


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town, the President shall direct the Solicitor General to institute the proper expropriation 
proceedings. 
SEC. 50. Limitation of Acquisition. - Only one residential and one commercial 
lot in any one townsite shall be sold to a person. A person who is already an owner of a 
residential or commercial lot acquired from the government shall be disqualified to 
acquire lots within the same townsite. This limitation does not apply when landholdings 
were acquired directly from the government. 
SEC. 51. Non-a/ienabj/jfy. - Except those acquired by sale, exchange or transfer 
without cost, lands reserved under the provision of Section 23 of this Act, other than 
agricultural settlements, shall be non-alienable. 
CHAPTER VI1 
ATIONAL SET UP OF THE BUREAU OF LAND MANAGEMENT 
SEC. 52. Organizational Set-up - The. Land Management Bureau created under 
Executive Order No. 192 shall herein be known as the Bureau of Land Management. It 
shall be comprised of a central office, regional land offices, district land offices and other 
necessary field offices to carry out its mandate. 
The Secretary of the Department, upon the recommendation of the said Bureau 
shall issue the necessary implementing guidelines, rules and reguldtions to 
operationalize the reorganized agency as a line bureau within one year from the 
effectivity of this Act. 
The present staff of the Land Management Bureau shall be transformed to 
become the central office of the said Bureau. 
The Department Land Management Services created under E.O. No. 192 shall 
become the Regional Office of the said Bureau. 
All plantilia personnel of the Land Management Services shall initially constitute 
the Regional and Field Offices with the same emolument/renumeration being received 
by the PENROs. 
SEC. 53. lnterim Organizational Measures. 
To maintain continuity in the 
delivery of basic services in the regions and provinces, the present Regional Technical 
Director for the Bureau of Land Management Services in the DENR Regional Office 
shall serve as Acting Bureau of Lands Regional Director until such time that a regular 


, 
Regional Director shall have been qualified and appointed with the rank equivalent to a 
department wide assistant regional director. 
SEC. 54. 
Appointments. Subject to the approval of the Secretary, the Director 
may appoint District Land Officers (DLO) and heads of operating divisions in the 
regional office upon recommendation of the Bureau of Land Management Director. The 
Regional Director shall appoint the other personnel below the Division Chiefs. 
The Directors, Assistant Directors and Regional Directors shall be career 
Executive service officers and/or preferably lawyers or geodetic engineers. 
SEC. 55. Security of Tenure. - This Act shall in no way prejudice the security of 
tenure of employees under civil service as well as their rights and benefits recognized 
by the Constitution and other laws. 
SEC. 56. Confempt Power. - The Director of the Bureau or his duly authorized 
representative is empowered to cite any person in contempt subject to the provisions of 
the Rules of Court. The following shall be considered persons-in-authority: Director of 
the Bureau, the Regional Lands Officers, District Land Officers (DLO) and other duly 
authorized representatives. 
PROCEDURES O N  APPEAL 
SEC. 57. 
Decisions or Orders of the Director of the Bureau of Land 
Management; Appeals; Perfection of. - Any appeal from a decision or order of the 
Director of the Bureau shall be perfected by filing within fifteen (15) days from the date 
of receipt of a copy thereof, a notice of appeal with, and paying an appeal fee of Five 
Hundred Pesos (Br500.00) to, the Director of the Bureau rendering’the decision or order 
and by filing an appeal memorandum to the Secretary of the Department, containing a 
detailed statement of the facts relied upon and an exhaustive description of the issues 
and grounds for the appeal accompanied by a certified copy of the decision or order 
appealed from and furnishing a copy of such notice of appeal and appeal memorandum 
to the appellee. 
CHAPTER Vlll 
GENERAL PROVISION 
SEC. 58. Filing of Applications. - As soon as any land of the public domain has 
been surveyed, delimited and classified, and declared open for disposition, all 
applications, except leases and grants to government instrumentalities and entities, 


1
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- 20 - 
shall be filed before the District Land Offices. All public land applications filed under 
this Act shall be addressed to the Director of the Bureau or his authorized 
representative and shall state material information about the applicant, the land applied 
for and such other information vital to the application. 
. Conditions of Grant. - 
(I) 
The statement made in the application shall be considered as essential 
conditions and parts of any concession, title of permit issued, and any false statement 
therein or omission of facts altering, changing, or modifying the consideration of the 
facts set forth in such statements, and any subsequent modification, alteration or 
change of materials facts set forth in the application shall ipso facto cancel the permit, 
deed, grant or patent issued and the reversion of the land covered thereby to the State; 
(2) It shall be the duty of the Director of the Bureau to make the necessary 
investigations for the purpose of ascertaining whether the material facts set forth in the 
application are true and whether they continue to exist, maintained and preserved in 
good faith. In every investigation made in accordance with this Section, any allegation of 
bad faith, fraud, or concealment shall be proven. 
SEC. 60. Rules in Determining Area fo be Granted. - The Director of the Bureau 
may, from time to time, determine the maximum area to be granted less than that 
allowed by this Act depending on the beneficial use of the land. 
For purposes of this section, the Director of the Bureau shall deny, cancel or limit 
any application if convinced of the lack of means of the applicant to use the land for the 
purposes for which he has requested it. 
SEC. 61. Compliance with Legal Subdivision. - All dispositions under this Act 
shall conform to the approved survey or legal subdivision which has strictly observed 
the provisions of the Revised Manual of Land Survey Regulations in the Philippines. 
*
.
 
- In no case shall a patent, 
contract or a decree of registration be issued unless the proportionate cost of Cadastral 
survey has been fully paid by the applicant. 
SEC. 63. Acfual Occupant Preferred. - If an application is filed for a tract of 
public land which is found after proper investigation to be actually occupied in good faith 
by a person other than the applicant, who has not given consent or transferred his claim 
or interest, the application shall be rejected in an order issued by the Director of the 
SEC. 62. Payment of Cadastral Survey Cost. 


, 
* 
Bureau and shall inform the occupant of his prior and preferred right to apply for the 
land and shall give him sixty (60) days from receipt of notice within which to file an 
. Loss of Preferential Rights. - In case of the immediately preceding 
section, the occupant who has not filed an application within the period of time fixed 
shall lose any prior right to the land, and the improvements thereon, if any, may be 
forfeited in favor of the government. 
SEC. 65. Effects of Cancellation or Rejecfion of Application. - All rights to, 
interests in, and improvements on, the land for which an application has been denied or 
cancelled, or patent or grant refused, or a contract rescinded or annulled, shall be 
forfeited in favor of the government. 
. Disposition of Land and lmprovements Covered by Cancelled 
Applications. - Lands with improvements belonging to an applicant whose application 
has been denied or cancelled, or a patent or grant refused, or a contract rescinded or 
annulled, shall be disposed of in accordance with this Act. 
SEC. 67. When Reimbursement of lmprovements is Allowed. - In case the 
cancellation is due to delinquency on the part of the applicant, he shall be entitled to the 
reimbursement of the proceeds of the sale of the improvements and crops, after 
deducting the total amount of his indebtedness to the government and the expenses 
incurred by it in the sale of the improvements or crops and in the new concession of the 
land. 
SEC. 68. Protest and Contest. - Any person, corporation or association with 
valid and sufficient cause may file a protest under oath to any application or concession 
under this Act based on any reason sufficient under this Act for the cancellation of the 
application or the denial of the patent or grant. If after the applicant or grantee has been 
given suitable opportunity to be duly heard, and the objection is found to be well- 
founded, the Director of the Bureau shall reject or cancel the application or deny the 
patent or grant. The person objecting shall, if qualified, be granted a preferential right to 
SEC. 69. Officers Authorized fo Administer Oaths. - All proofs, affidavits, and 
oaths of any kind required or necessary under this Act shall be made before any notary 
application if qualified to acquire a concession under this 
.
.
 
apply for the land within a period of sixty (60) days from the date of notice. 
*
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public of the municipality or province in which the land lies, or before any officer of the 
Bureau authorized by law to administer oaths. 
SEC. 70. Succession to the Rights and interests of Deceased Applicants. - If at 
any time, the applicant shall die before the issuance of the patent or during the life of 
the lease, or while the applicant still has obligations pending compliance with the 
government, he shall be succeeded in his rights and obligations under this Act by his 
heirs, who shall be entitled to the issuance of the patent or final concession; Pravided, 
that they shall satisfactory show that they have complied with the requirements therefor. 
SEC. 71. Denial of Grant for Reasons of Public Interest - If, at any time after the 
approval of the application and before the issuance of patent or the final concession of 
the land, or during the subsistence of the lease, or at any time when the applicant or 
grantee still has obligations pending compliance with the government, it appears that 
the land applied for is necessary for the protection of any source of water or for any 
work for the public benefit that the government wishes to undertake during such time or 
in the future, the Director of the Bureau may order the cancellation of the application or 
the non-issuance of the patent or concession or the exclusion from the land applied for 
of such portion as may be required, upon payment of the value of the improvements if 
any. 
SEC. 72. Patents and Certificates: lssuing Officials. - All patents and deeds for 
lands granted under this Act shall be prepared by the Bureau and shall be issued in the 
name of the government signed by the President, Provided however, That the Secretary 
of the Department shall sign patents and deeds covering lands not less than ten (IO) 
hectares and above: Provided, further, That the Director of the Bureau shall sign 
patents and deeds covering not less than five (5) hectares but not more than ten (IO) 
hectares: Provided finally, That heads of field offices of the Bureau, when properly 
equipped to carry out the purposes of this Act, may be authorized to sign patents and 
deeds covering less than five (5) hectares. 
SEC. 73. Limitation of the Grant. - Patents or deeds granted under the 
provisions of this Act shall not include nor convey title to any gold, silver, copper, iron, or 
other metals or minerals, or other substances containing minerals, guano, gums, 
precious stones, coal or oil or other energy sources contained in lands granted 
thereunder. 
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- 23 - 
SEC. 74. Grant Subject to Same Servitudes As in Private Lands - Any person 
receiving title to lands under the provisions of this Act shall hold such lands subject to 
the provisions hereof and to the same servitudes upon private lands, including those 
with reference to the shores of the sea and banks of navigable rivers or rivers suitable 
for rafting. 
SEC. 75. Easement of Right of Way. - Land grants shall further be subject to 
the easement of a right of way not exceeding sixty (60) meters in width for public 
highways, railroads, irrigation ditches, aqueducts, telegraph, electric and telephone lines 
and similar works as the Government may require upon payment of just compensation. 
SEC. 76. Lands Applied for Subject to Taxes. All lands granted by virtue of this 
Act shall be subject to ordinary taxes and such other taxes as may be imposed by'law. 
SEC. 77. Appraisal and/or Re-appraisal. - The appraisal and/or reappraisal of the 
lands or improvements subject to concession or disposition under this Act shall be 
made by the Director of the Bureau or his duly authorized representative. The appraisal 
and/or reappraisal shall be based on the assessed value declared by the claimant or the 
assessor whichever is higher and, on the prevailing market value in the area. The 
Director of the Bureau may request the assistance of the assessor of the province, city 
or municipality in which the land lies. 
SEC. 78. Merest on Arrears. - All sums due and payable to the Government 
under this Act, except homestead fees, shall draw simple interest at the legal rate from 
and after the date in which the vendee/lessee shall have become delinquent. 
SEC. 79. Prohibition on Alienation. - 
(I) 
Except in favor of the government or any of its branches, units or institutions, 
any land or tract of lands acquired under the free patent or homestead provisions shall 
not be subject to encumbrance or alienation within a period of two (2) years from and 
after the date of the order for issuance of the patent or grant, nor shall they become 
liable to the satisfaction of any debt voluntarily or involuntarily contracted prior to the 
expiration of the said period: Provided, however, That the improvements or crops on 
the land may be mortgaged or pledged to qualified persons, partnerships, associations 
or corporations: 
(2) No alienation, transfer or conveyance of any homestead after two (2) years 
and before five (5) years after issuance of titles shall be valid without the approval of the 
' *  
, 
, 


Secretary of the Department, which approval shall not be denied except on 
constitutional and legal grounds. 
0. Righf of Repurchase. ., (I) 
Every conveyance of lands acquired under 
the free patent or homestead provisions of this Act, when proper, shall be subject to 
repurchase by the applicant, his widow or legal heirs, within a period of two (2) years 
from the date of conveyance. The right to repurchase, being a matter of public policy 
and interest, cannot be waived, and any waiver thereof shall be null and void: Provided, 
That the right to repurchase shall not be used for speculation purposes. : 
SEC. 81. Acquisifion by Juridical Enfifies of Pafenfed Land. - Except with the 
consent of the grantee or successors in interest, with the approval of the Secretary of 
the Department and solely for commercial, industrial, educational, or charitable 
purposes or for a right of way, no corporation, association, or partnership may acquire 
or have any right, title, interest, or property right whatsoever to any land granted.under 
the free patent, homestead, or individual sale provisions of this Act or to any permanent 
improvements on such land. 
SEC. 82. Non-Alienation fo Disqualified Persons. - 
(1 ) No land originally acquired in any manner under the provisions of this Act, nor 
any permanent improvement on such land shall be encumbered, alienated or 
transferred except to: 
(a) Persons, corporations, associations or partnerships qualified to acquire or 
hold lands under this Act; 
(b) Corporations organized in the Philippines authorized therefor by their 
charters; and Government-owned or controlled financing institutions, which are hereby 
authorized to grant loans and advances against security of such land and the 
improvements thereon to acquire the same. 
(2) Except in cases of hereditary succession, no land or any portion thereof 
originally acquired under the free patent, homestead, or individual sale provisions of this 
Act or any permanent improvement thereon, shall be transferred or assigned to any 
person, nor shall such land or any permanent improvements thereon be leased to such 
person when the area of such land, added to that of his own, shall exceed twelve (12) 
hectares. Any transfer, assignment or lease made in violation hereof shall be null and 


- 
- 
void; Provided, however, That in th 
event of the ownership of the lands and 
improvements mentioned in this section and in the last preceding section being 
transferred by judicial decree to persons, corporations or associations not legally 
capacitated to acquire the same under the provisions of this Act, such persons, 
corporations or associations shall be obliged to alienate said lands or improvements to 
others so capacitated within an unextendible period of 2 (two) years, otherwise such 
property shall revert to the Government. 
SEC. 83. Effecf of //legal Conveyances and Alienafion. - Any acquisition, 
conveyance, alienation, transfer, or other contract made or executed in violation of any 
of the provisions of Sections 81 and 82 of this Act shall be null and void, from its 
execution and shall produce the effect of 
annulling and canceling the grant, title, 
patent, or permit originally issued, recognized or confirmed, and cause the 
reversion of the property and forfeiture of its improvement to the State. 
SEC. 84. Regisfrafion of Pafenf; Effect Of. - Once a patent is registered, the 
land acquires the character of registered land under Section 122 of Act Number 496, as 
amended, and is deemed brought within the operation of the Land Registration Act. 
. 
CHAPTER1 
I
.
 
PENAL PROVISIONS 
SEC. 85. Applicabilify of the Revised Penal Code and ofher Special Laws. - Any 
person who shall commit any act punishable under the Revised Penal Code and other 
special laws, with respect to public land applications, shall be charged and punished in 
accordance with the provisions of such laws. 
SEC. 86. Sale and Refusal to Furnish Adminisfrafive forms. - Any person who 
sells accountable 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 less than Three 
Thousand Pesos (Php3,000.00) nor more than Ten Thousand Pesos (PhplO,OOO.OO) or 
by imprisonment of not less than six (6) months nor more than six (6) years, or both 
such fine and imprisonment, at the discretion of the court. 
SEC. 87. Fraudulent Acquisition. - Any person, corporation or association who, 
without the qualifications required by this Act, shall, by deceit or fraud acquire or attempt 


to acquire lands by filing a Public Land Application (PLA) for a tract of land/s of the 
public domain or other real property or any right, title or interest, or property right of any 
class over 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 less than Five 
Thousand Pesos (Php 5,000.00) nor more than Thirty Thousand Pesos (Php 
30,000.00), or by imprisonment of not less than two (2) years, nor more than eight (8) 
years, or both such fine and imprisonment, at the discretion of the court. 
SEC. 88. Disobedience to the Decisions and Orders of the Director of the Bureau 
- Any person, corporation, association or partnership who interferes, resists or disobeys 
the implementation of any lawful order or decision of the Director of the Bureau shall 
upon conviction, be punished by a fine of not less than Ten Thousand Pesos 
(Php10,000.00) nor more than One Hundred Thousand Pesos (PhplO0,OOO.OO) or by 
imprisonment of not less than one (1) year or more than six (6) years, or both such fine 
and imprisonment, at the discretion of the court. If the offender is a corporation, 
association or partnership, the maximum penalty shall be imposed upon the President, 
Managing Director, General Manager or managing partners of the offending party. 
SEC. 89. Illegal Entry and Occupation. - 
(1) Any person who, with the use of force, intimidation or threat, or taking 
advantage of the absence of the bona fide applicant or grantee, succeeds in occupying 
or possessing the land applied for, shall be punished by a fine of not less than Five 
Thousand Pesos (Php5,000.00) nor more than Fifty Thousand Pesos (Php50,000.00) or 
an imprisonment ranging from six (6) months to one (1) year or both, at the discretion of 
the court, with subsidiary imprisonment in case of insolvency. 
(2) If the offender is a corporation or association, the maximum penalty of a fine 
of Fifty Thousand Pesos (Php50,000.00) and imprisonment of five (5) years shall be 
imposed upon the president, managing director, general manager, or, managing 
partners thereof. 
CHAPTER 
TRANSITORY PROVlSlO 
SEC. 90. Subdivision Surveys. - The conduct, verification and approval of all 
subdivision surveys by the Land Registration Authority shall be transferred to the 
Bureau. For this purpose, such department and employees of the Land Registration 


.
.
 
Authority affected by this "ection shall be absorbed by the Bureau, in accordance 
applicable civil service rules. 
lith 
SEC. 91. Implementing Rules and Regulations. - The Department, in consultation 
with the Land Registration Authority, Department of Agrarian Reform, Department of 
Interior and Local Government and other concerned government agencies, non- 
government organizations and people's organizations shall promulgate the rules and 
regulations for the effective implementation of this Act within six months from effectivity. 
FINAL PROVISION 
SEC. 92. Repealing Clause. - Commonwealth Act Numbered One Hundred 
Forty One, as amended, and all laws, decrees, orders, or parts thereof, contrary to or 
inconsistent with this Act are hereby repealed and modified accordingly. 
SEC. 93. Separability Clause. - Any portion or provision of this Act that may 
be declared unconstitutional or invalid shall not have the effect of nullifying other 
portions or provisions hereof, as long as such remaining portions or provisions can still 
subsist and be given effect in their entirety. 
SEC.94. Efecfivify Clause. - This Act shall take effect thirty (30) days after its 
publication in the Official Gazette and in two (2) national newspapers of general 
circulation. 
Approved,