EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

~ Introduced by Representative Rufus B. R
House Bill No. 1874

EXPLANATORY NOTE

The importance of title to land cannot be overemphasized. The main objects of land
title registration are to protect property rights, to facilitate transactions in land, and to enable
land to be used as collateral for a loan. A title provides incentives for investment in land and
therefore creates an impetus for sustainable economic development. In order to hasten title
registration and thus spun economic growth, the process should be simple, reliable, prompt
and affordable.

One of the modes of acquiring public land is by Free Patent or administrative
legalization of an imperfect title. Historically, it is intended to legalize and register the
undocumented private land rights of native-born Filipinos who are actual occupants of
agricultural lands. It is the most expeditious, popular and affordable mode of public land
disposition because the process is administrative and inexpensive to the applicant since it
merely recognizes his acquisitive right over the land as actual occupant.

Batas Pambansa 223 extended the grant of Free Patent to actual occupants of
residential lands, however, it ceased to be effective since it only allows residential
application up to December 31, 1987. Considering that around 80% of the remaining
unregistered land parcels in the country are residential land, the re-enactment and
improvement of residential free patent will expedite mass titling of lands and will in turn
create economic growth.

The Salient Features of the Bill

* Extend Free Patent to residential lands classified/zoned by the local government in
its land use plan as residential and is not needed for public service and public use
and subject to area limits

‘* Reduction of period of occupation to ten (10) years

* Removal of the restriction on encumbrance on the title

The proposed bill seeks to enable the land sector to contribute to the sustainable
development, economic growth and poverty alleviation. The bill's early enactment will boost
the Philippine’s role in the global movement to sustainable development while providing an
improved access to land and services to the majority of the Filipino people, especially the
poor and marginalized. | earnestly seek the immediate passage of this very urgent and
important bill

Nu,

A
Ly
RUFUS B. RODRIGUEZ


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez — a

House Bill No. 1874

AN ACT
TO HASTEN TITLING OF RESIDENTIAL LANDS OF THE PUBLIC DOMAIN BY
EXTENDING THE GRANT OF FREE PATENT TO RESIDENTIAL LANDS UNDER
CERTAIN CONDITIONS

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

SECTION 1. The provisions of any law, rules or regulations to the contrary
notwithstanding, any citizen of the Philippines who is not a registered owner of a residential
land and who for ten (10) years or prior thereto, either by himself or through his bona fide
predecessor-in-interest, has been actually residing on, and continuously possessing and
‘occupying, under a bona fide claim of acquisition of ownership, a parcel of residential land of
the public domain, which is alienable or disposable, and who has paid all the real estate
taxes thereon for ten (10) years or prior thereto, shall, upon application, be entitled to have
a free patent issued to him for such parcel of land not to exceed two hundred (200) square
meters in highly urbanized cities; five hundred (500) square meters in other cities; and 1,000
square meters in all municipalities; Provided, That the land applied for is not needed for
public service or public use and has been zoned as residential in the land use plan of the
local government and provided further that no free patent shall be issued in townsite
reservations established under Chapter XI of the Public Land Act: Provided, finally, that
none of the provisions of Presidential Decree No. 705 are violated by the issuance of such
patent.

SECTION 2. The application shall be accompanied with a map and technical
description of the land applied for, along with supporting affidavits of two (2) disinterested
Persons who are residents of the city/municipality where the land is located, attesting to the
truth of the facts contained in the application to the effect that the applicant thereof has,
either by himself or through his predecessor-in-interest, actually resided on and continuously
possessed and occupied, under a bona fide claim of acquisition of ownership, the land
applied for at least ten (10) years and has complied with the requirements prescribed in
Section One hereof,

The pertinent provisions of Chapter XIV. Title VI of Commonwealth Act Numbered
One hundred forty-one, as amended, shall apply to free patent applications filed under the
provisions of this, except that residential free patent issued under this law shall not be
subject to any legal restrictions on encumbrance, conveyance or alienation

The Department of Environment and Natural Resources, upon the recommendation
of the Director of Lands, shall promulgate such rules and regulations as may be necessary
to carry out the provisions of this Act.

SECTION 3. All pending applications filed before the effectivity of this Act shall be
treated as having been filed in accordance with the provisions hereof.


SECTION 4, Repealing Clause. — All laws, decrees, executive orders, executive
issuances of letters of instruction, rules and regulations, or any part thereof, inconsistent with
‘or contrary to the provisions of this Act, are hereby deemed repealed, amended or modified
accordingly.

SECTION 5. Separability Clause. — If, for any reason or reasons, any part or parts
of this Act shall be declared unconstitutional or invalid by any competent court, other parts or
provisions thereof not affected thereby shall continue to be in full force and effect.

SECTION 6. Effectivity Clause. — This Act shalll take effect fifteen (15) days after
its publication in two (2) national newspapers of general circulation.

Approved,