SIXTEENTH CONGRESS: )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B, Rodriguezand ///DE
Representative Maximo B. Rodriguez, Jr.

House Bill No,_143 6

EXPLANATORY NOTE

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

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ground and to remove disincentives on the formal system, They will remove outdated and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

The salient features of this proposed bill are:

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

Extension of free patent to cover residential and commercial lands;

Removal of restrictions after patent issuance;

Removal of the reservation of the right to repurchase;

Continuous implementation of the Public Land Act,

Increase in penalties;

Exemption from P.O. 162;

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

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

eNoesen=

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

MAXIMO 8. RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bil No,__2436

AN ACT

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

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

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

"Section 44 (1). - Any natural born citizen of the Philippines who is not the owner
‘of more than twelve (12) hectares and who for at least [thirty (30) years prior to
the effectivity of this amendatory Act] TEN (10) YEARS PRIOR TO HIS/HER
FILING OF APPLICATION FOR PATENT, has continuously occupied and
cultivated, either by himself/HERSELF or through his/her  predecessors-in-
interest, a tract or tracts of agricultural public land subject to disposition, [who
shall have paid the real estate tax thereon while the same has not been occupied
by an person] shall be entitled, under the provisions of this Chapter, to have a
free patent issued to him/HER for such tract or tracts of land not to exceed twelve
(12) hectares, INCLUSIVE OF HIS/HER CURRENTLY OWNED LANDS;
PROVIDED, THAT IF THERE ARE TENANTS, SHARE CROPPERS, REGULAR
OR SEASONAL FARM WORKERS ON THE LAND, THE ISSUANCE OF A
FREE PATENT TO THE APPLICATION SHALL BE WITHOUT PREJUDICE TO
THEIR RIGHTS UNDER EXISTING LAND REFORM LAWS.

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

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

“Section 44 (2), - THE PROVISIONS OF ANY LAW TO THE CONTRARY
NOTWITHSTANDING, ANY NATURAL BORN CITIZEN OF THE PHILIPPINES
WHO IS NOT THE OWNER OF MORE THAN TWELVE (12) HECTARES AND
WHO FOR AT LEAST TEN (10) YEARS PRIOR TO HIS/HER APPLICATION
FOR PATENT, HAS CONTINUOUSLY POSSESSED AND USED EITHER BY
HIMSELF/HERSELF OR THROUGH HIS/HER _PRECEDESSORS-IN-
INTEREST, A TRACT OR TRACTS OF LAND OF THE PUBLIC DOMAIN
SUBJECT TO DISPOSITION FOR RESIDENTIAL AND COMMERCIAL
PURPOSES NOT TO EXCEED THREE THOUSAND SQUARE METERS (3,000
SQM), SHALL ALSO BE ENTITLED, UNDER THE PROVISIONS OF THIS
CHAPTER, TO HAVE A FREE PATENT ISSUED TO HIM/HER FOR SUCH


TRACT OR TRACTS OF LANDS. PROVIDED, THAT THE TOTAL AREA OF
HIS/HER LAND SHALL NOT EXCEED TWELVE (12) HECTARES.

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

SECTION 44 (3). ~ LAND ACQUIRED BY FREE PATENT UNDER THE
PROVISIONS OF THIS CHAPTER SHALL BE TREATED AS ANY OTHER
PRIVATE LAND WITH ALL THE CONCOMITANT RIGHTS THEREUNTO
APPERTAINING AND SHALL NOT BE SUBJECT TO THE RESTRICTIONS OF,
NOR SHALL IT ENJOY THE EXEMPTION FROM BEING HELD IN
SATISFACTION OF ANY DEBT, AS HERETOFORE PROVIDED IN SECTION
118, AND SECTIONS 121, 122, 123 AND 124 OF COMMONWEALTH ACT NO.
141

THIS APPLIES TO PATENTS ISSUED BEFORE OR AFTER THE DATE OF
EFECTIVITY OF THIS ACT."

SECTION 44 (4). - ANY ENCUMBRANCE IN ACCORDANCE WITH THE LAW
CREATING AN INTEREST IN LAND THAT HAS BEEN ENTERED INTO
BEFORE THE LAND IS ACQUIRED BY FREE PATENT, AND WHICH
REMAINS IN EXISTENCE AT THE TIME OF THE GRANT OF FREE PATENT,
SHALL BE PRESERVED AND MAY BE RECORDED ON THE PATENT AS AN
ENCUMBRANCE AT THE TIME THE PATENT IS ISSUED.

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

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


Section 4. - Section 47, Chapter VIII, Title II of Commonwealth Act No. 141 is hereby repealed.

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

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

[SECTION 48. The following described citizens of the Philippines, occupying
lands of the public domain or claiming to own any such land or an interest
therein, but whose titles have not been perfected or completed, may apply to the
Court of First Instance of the province where the land is located for confirmation
of their claims and the issuance of a certificate of title therefor, under the Land
Registration Act, to wit

XK

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

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

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

Section 7. - Section 131, Chapter XVI, Title VI of Commonwealth Act No. 141, as amended, is
hereby further amended to read as follows:

“Section 131. Any person who sells from issued and distributed
gratuitously under this act or who, being an officer charged with distributing them,
refuses oF fails, without sufficient reason, to furnish the same, shall be punished
for each offense by a fine of [not more than one hundred pesos] NOT LESS
THAN FIFTY THOUSAND PESOS (P50,000) AND NOT MORE THAN FIVE
HUNDRED THOUSAND PESOS (P500,000) or imprisonment [for not more than
three months) FOR NOT MORE THAN ONE YEAR, or both, upon the discretion
of the court.”

Section 8. - Section 132, Chapter XVI, Title VI of Commonwealth Act No. 141, as amended, is
hereby further amended to read as follows:

“Section 132. — Any person, corporation, association or partnership which, not
being qualified or no longer authorized to apply for public land under the provision of this
Act, files or induces or knowingly permits another person, corporation, association or
partnership to file an application in his/HER or its behalf or for his/HER or its interest,


benefit or advantage, shall be punished by a fine of [not less than two hundred nor more
than five thousand pesos] NOT LESS THAN 10% OF THE FAIR MARKET VALUE OF
THE LAND APPLIED FOR or by imprisonment [for not less than two months nor more
than five years] FOR SIX (6) YEARS TO TWELVE (12) YEARS, or both, upon the
discretion of the court, and the application shall be cancelled, PROVIDED, THAT IN
CASE THE OFFENDER IS A CORPORATION, ASSOCIATION OR PARTNERSHIP
THEIR RESPONSIBLE OFFICIALS SHALL BE DEEMED JOINTLY AND SEVERALLY
LIABLE; PROVIDED, FURTHER, THAT IN CASE THE OFFENDER |S A PUBLIC
OFFICIAL OR GOVERNMENT OFFICIAVEMPLOYEE, HE/SHE SHALL BE, IN
ADDITION, REMOVED FROM THE OFFICE, FORFEIT ALL RETIREMENT BENEFITS,
EXCEPT FOR ACCUMULATED LEAVE CREDITS AND BE PERPETUALLY
DISQUALIFIED FROM HOLDING ANY ELECTIVE OR APPOINTIVE PUBLIC OFFICE.”

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

“Section 133, - Any person who, without having the qualification
required by this Act, shall by deceit or fraud acquire or attempt to acquire lands of
the public domain or other real property or any right, title or interest, or property
right of any class to the same, and any person aiding and abetting him therein or
serving as a means of tool thereof, shall, upon conviction, be punished by a fine
of [not more than five thousand pesos] NOT LESS THAN 10% OF THE FAIR
MARKET VALUE OF THE LAND APPLIED FOR, or by imprisonment [for not
more than five years] TO TWELVE (12) YEARS, or both, upon the discretion of
the court. IF THE OFFENDER IS A PUBLIC OFFICIAL OR GOVERNMENT
OFFICIAVEMPLOYEE, HE/SHE SHALL BE, IN ADDITION, REMOVED FROM
THE OFFICE, FORFEIT ALL RETIREMENT BENEFITS, EXCEPT FOR
ACCUMULATED LEAVE CREDITS AND BE PERPETUALLY DISQUALIFIED
FROM HOLDING ANY ELECTIVE OR APPOINTIVE PUBLIC OFFICE."

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

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

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

Sec, 93. Contribution to Assurance Fund. ~ Upon the entry of a certificate of title
in the name of the registered owner, and also upon the original registration on
the certificate of title of a building or other improvements on the land covered by
said certificate, as well as upon the entry of a certificate pursuant to any
subsequent transfer of registered land, there shall be paid to the Register of
Deeds one-fourth of one per cent of the assessed value of the real estate on the
basis of the last assessment for taxation purposes, as contribution to the
Assurance Fund. Where the land involved has not yet been assessed for
taxation, its value for purposes of this decree shall be determined by the sworn
declaration of two disinterested persons to the effect that the value fixed by them
is to their knowledge, a fair valuation

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


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

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

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

XXX

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

Section 13. - in order to expedite the issuance of free patents, the DENR through the
LMS/LMB shall determine the appropriate form, style and definition of technical
description which should not be limited to metes and bounds. Such technical description
shall form part of the patent, subsequent title and derivatives thereof, Those free patents
having technical description other than metes and bounds shall be treated as any private
land with all the concomitant rights thereto appertaining pursuant to this Act and other
existing laws.

Section 14. ~All pending applications for free patent filed before the effectivity of this Act shall be
treated as having been filed in accordance with the provisions of this Act.

Section 16. ~ Upon effectivity of this Act, no fees shall henceforth be payable for the preparation,
issue and registration of free patents.

Section 16, - Repealing Clause. - All other laws, decrees, executive orders, executive issuances
or letters of instructions, rules and regulations, or any part thereof, inconsistent or contrary to the
provisions of this Act are hereby deemed repealed, amended or modified accordingly,

Section 17. Separabllity Clause. - If any provision of this Act is declared unconstitutional or
invalid, other parts or provisions hereof not affected shall continue to be in full force and effect.

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

Approved.