RECEIVED
DATE: _ py lll pte

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila
REGISTRATION UNIT
Seventeenth Congress BILLS AND INDEX SERVICE

First Regular Session
¢
House Bill No. i 1 9 4

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 Law Dictionary Revised 4" Edition). Land is
considered as one of the most valuable economic resources of not just a person but
even that of the State

In our jurisdiction, we use the Torrens System of Registration. (Section 2, P.D.
1529). 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 indefeasibie and
incontrovertible. Titles, once registered, should not thereafter be impugned, altered,
changed, modified, enlarged, or diminished, except in some direct proceeding
permitted by law. Otherwise, all security in registered titles would be lost. (Albienda
vs. C.A,, 135 SCRA 402, 1985). Accordingly, persons dealing with land or any
interest therein are required to put full faith and credit on what appears on the face of
the Title.

Unfortunately, in recent times, there has been alarming increase in the
incidents of fake or falsified titles. Worse, it appears that these spurious Titles were
issued by the concemed public officials in connivance with private individuals. If this
iliegal practice is allowed to continue, our country will be flooded with fake or falsified
tiles each inflicting harm on the integrity of the System, to the detriment of country’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 that
govems land registration. It amended and codified the various laws relative


registration of properties. Of course, provisions of all other related laws, such as
Commonwealth Act No. 141, Act No. 496, and Presidential Decree No. 27 which are
not inconsistent therewith still 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 ray 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 aresto 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, which was originally filed during the Third Regular Session
of the Fifteenth Congress, seeks remedy and stop the nefarious practice of
anomalously titing 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 veiue 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 colleagues in approving
this bill.

YY M. LOYOLA


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

Seventeenth Congress
First Regular Session

House Bilt No,__1194_

Introduced by Honorable Roy M, Loyola

EXPLANATORY NOTE

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 HEINOUSOFFENSE 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 PENALCODE AND FOR OTHER PURPOSES.

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

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

re

“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 hisofficial position, shall falsify a document by
committing any of the following acts:

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THE PENALTY OF RECLUSION TEMPORAL AND A FINE OF
P50,000 SHALL BE! MPOSED IF THE DOCUMENT FALSIFIED IS A
CERTIFICATE OF LAND TITLEOR 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 5,000pesos shall be imposed upon:

(4) Any private individual who shall commit any of the faisifications
enumerated in the next preceding article in any public or official
document or etterof exchange or any other kind of cornmercial
document;

PROVIDED, THAT, THE PENALTY OF PRISION MAYORAND A FINE
OF 25,000.00 SHALL BE IMPOSED IF THEDOCUMENT 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


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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 PROVINCIALASSESSOR, 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. ITINCLUDES, 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.

SECTION 3. Ifany provision of this Act shall be declared invalid or
unconstitutional, the remaining part or provisions not otherwise affected shall
remain in force.

SECTION 4, Any law, decree, ordinance, administrative circulars not
consistent with any provision of this Actis hereby amended, repealed or
modified accordingly.

SECTION §. 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,