FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
1 
Second Regular Session 
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S E N A T E  . "  
S. B. No. 91202 
INTRODUCED BY HONORABLE MAR ROXAS 
Pursuant to Article XIII, Section 1 of the 1987 Philippine Constitution, Congress is 
mandated to give highest priority to the enactment of measures that reduce social, economic 
and political inequalities and cultural inequities by equitably diffusing wealth and political 
power. The State shall, to this end, regulate the acquisition, ownership, use and disposition of 
property and its increments. The 1987 Constitution, in the same article, likewise upholds the 
rights of farmers to own directly the lands they till, and of fishermen to the preferential use 
of both inland and offshore communal marine resources. 
However, 22 years after the ratification of the 1987 Constitution, the State has yet to 
fulfill this mandate. Land ownership continues to remain a dream for many landless farmers 
and fishermen. Thus, this bill proposes a mechanism that will ensure equitable access to and 
ownership of public lands by farmers and fisherfolks through a system of free patent. While 
the proposed measure extends the free patent system to qualified beneficiaries as defined, 
preferential right is given to (1) farmers and farm workers who have continuously occupied 
and cultivated either by themselves or their predecessors-in-interest a parcel of public land 
and (2) fisherfolks living along coastal areas and similar areas of the public domain near the 
fishing ground. As a safeguard for the qualified beneficiaries of the free patent system, any 
person who willfully obstructs or impedes the acquisition of a free patent by a qualified 
beneficiary, or who sells, transfers or acquires a land of public domain to circumvent the 
application of this bill, shall be criminally liable and meted out a penalty of fine andor 
imprisonment. 
The importance of land tenure security cannot be overstated. Ownership of land 
tenure facilitates transactions in land and enables land to be used as collateral for loans. More 
importantly, food security depends on land security tenure in direct and indirect ways - 
farmers and fishermen who are given security of land tenure contribute to food security 
though their own food production and through other economic activity using land as a 
resource. This bill thus provides hope not o d y  for landless, marginalized farmers and 
fishermen but also to the general Filipino public. 
In view of the foregoing, earlygassage of this bi&is earnestly requested. 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
Second Regular Session 
) , ,. 
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INTRODUCED BY HONORABLE MAR ROXAS 
AN ACT 
PROVIDING A MECHANISM FOR THE. EQUITABLE ACCESS TO AND OWNERSHIP OF 
PUBLIC LANDS BY FARMERS AND FISHERFOLKS, MANDATING FOR THAT PURPOSE 
AN ADMINISTRATIVE PROCESS FOR THE TITLING OF SUCH PUBLIC J&VDS 
THROUGH THE ISSUANCE OF FREE PATENT AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem bled: 
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SECTION 1. Short Title. - This Act shall be known as the ‘Farmers’ and Fishermen’s 
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Free Patent Act of2009.’~ 
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SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
give utmost priority to the right of farmers and fisherfolks to an equitable access to and 
ownership of land. Toward these ends, the State shall implement a mechanism for an 
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expeditious and affordable land titling process, thereby providing farmers and farmworkers 
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an opportunity to directly own land and acquire security of land tenure. Further, the State 
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shall endeavor to protect the rights of fisherfolks and ensure their preferential use to 
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communal marine and fishing resources, both inland and offshore. Moreover, the State shall 
craft and implement measures that will bring about the optimum use of land as a resource 
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and ensure the sustainable use and management of lands. 
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SECTION 3. Coverage. This Act shall cover only alienable and disposable lands of the 
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public domain classified as such in accordance with law. 
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SECTION 4. Qualified Beneficiaries, The provisions of any law, rules or regulations 
to the contrary notwithstanding, any natural-born citizen of the Philippines who is not a 
registered owner of more than twelve (12) hectares of alienable and disposable public 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 untitled land of 
the public domain classified as alienable and disposable, shall, upon application, be entitled 
to have a free patent issued to him for such parcel of land; Provided, That the land applied 
for is not needed for public service or public use and that no such free patent shall be issued 
for townsite reservations established under Chapter XI of the Public Land Act: Provided 
further, That none of the provisions of Presidential Decree No. 705, otherwise known as the 
Revised Foresty Code are violated by the issuance of such patent; Provided finally, That the 
land for which a free patent is applied for shall not be encumbered, sold, or converted into 
other uses by the applicant within five (5) years from the issuance of the free patent. 
SECTION 5. Preferential Right to Free Patent. - Except when ownership of a parcel 
of land has already been acquired through homestead patents, judicial confirmation of title, 
or other modes of acquisition of title recognized under Commonwealth Act No. 141, 
otherwise known as the Public Land Act, the following shall have preferential right to apply 
for a free patent covering the public land which they occupy: 
(1) 
Farmers and farmworkers who have continuously occupied and cultivated 
either by themselves or their predecessors-in-interest a parcel of public land; 
and 
Fishermen and fisherfolks living along coastal areas and similar areas of the 
public domain near the fishing ground. 
(2) 
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For purposes of this Act, “farmer” shall refer to a natural person whose primary 
livelihood is cultivation of land or the production of agricultural crops either by himself or 
with the help of his immediate household, “farmworker” shall refer to a natural person who 
renders service for value as an employee or laborer in an agricultural enterprise or farm 
regardless of whether his compensation is paid on a daily, weekly, monthly or )akyaw“basis 
and “fisherfolk” shall refer to any natural person directly or personally and physically 
engaged in taking andor culturing and processing fishery andlor aquatic resources. 
SECTION 6. jurisdiction. The Provincial Environment and Natural Resources Officer 
or City Environment and Natural Resources Officer of the DENR shall have exclusive 
original jurisdiction over all applications for the issuance of a free patent under this Act for 
all alienable and disposable public lands within their area of jurisdiction. All protest and 
opposition to any application for the issuance of a free patent shall likewise be adjudicated 
exclusively by the Provincial or City Environment and Natural Resources Officer; Provided, 
That, jurisdiction over all conflicts and cases arising from ownership of private lands shall 
remain with the regular courts. 
SECTION 7. Requirements. Every application under the provisions of this Act shall 
be made under oath and shall set forth 
(1) 
(2) 
(3) 
(4) 
The name and address of the applicant; 
That the applicant has all the qualifications required by this Act; 
That the application is made in good faith; 
That the application is made for the exclusive benefit of the applicant and 
not, either directly or indirectly for the benefit of any other person, or 
persons, corporation, association, or partnership, 
As accurate a description of the land as may be given, the city or 
municipality where it is located, and its limits and boundaries, specifying 
(5) 
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those having reference to accidents of the ground or permanent 
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monuments, if any; and 
That the land applied for shall not be encumbered, sold, or converted into 
other uses by the applicant within five (5) years from the issuance of the 
free patent. 
(6) 
SECTION 8. Publication. All applications for a free patent filed under the provisions 
of this Act shall be posted in the Provincial or City Environment and Natural Resources 
Office and in the provincial capitol or city hall of the province or city where the land subject 
of the application is situated. 
SECTION 9. Registration of Title. If, after having duly complied with the posting 
requirement, without any objection or opposition having been filed thereto, the land is 
determined to be an alienable and disposable land of the public domain and the applicant is a 
qualified beneficiary under the provisions of this Act, an order for the approval of application 
and issuance of a free patent shall be signed and issued by the Provincial Environment and 
Natural Resources Officer or the City Environment and Natural Resources Officer. 
The duly-signed free patent shall be transmitted to the Register of Deeds of the 
province or city where the land subject of application is situated within five (5) working days 
from the time of its issuance for registration and the issuance of the corresponding certificate 
of title, in accordance with Section 103 of Presidential Decree 1529. It shall be the duty of 
the Register of Deeds to register the free patent within five (5) days from receipt thereof, 
whereupon a certificate of title shall be entered as in other cases of registered lands, and an 
owner's duplicate certificate of title be issued to the grantee. 
SECTION 10. Remedies. Any person may file an objection or opposition under oath 
to any application on the grounds that the applicant is not qualified under the provisions of 
this Act, or that the land subject of the application is needed for public use and purposes. 
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The City Environment and Natural Resources Officer or the Provincial Environment 
and Natural Officer shall resolve the matter raised by the opposition in accordance with the 
existing mechanism and procedure for Settlement of Land Disputes. 
SECTION 11. Bar Against Conversions. - Any land whose title is secured under the 
provisions of this Act for the benefit of farmers/ farm workers andor fishermedfisherfolks 
shall not be allowed for any large-scale conversions whether for residential, industrial or 
commercial purposes for a period of twenty (20) years beginning from the date of issuance of 
the title. This twenty year bar against land conversions, as provided in this Section, shall be 
expressly noted in the land title issued under this Act. 
SECTION 12. Mandatory Support from Government Agencies. - Any land whose title 
is secured under the provisions of this Act for the benefit of farmers/ farm workers andor 
fishermen/fisherfolks shall be promptly given the adequate support from any government 
agency, particularly from the Departments of Trade and Industry, Agriculture and 
Environment and Natural Resources, which shall include such adequate entrepreneurial 
training, financial access programs, and such other administrative support services necessary 
to ensure that these lands and its use are maximized for the benefit of the farmers/fisherfolks 
and fishermedfisherfolks. 
SECTION 13. Penalties. Any person who, without having the qualifications required 
by this Act, shall by deceit or fraud secures or attempts to secure a certificate of title through 
a free patent, or induces or knowingly permits another to do the same, and any person aiding 
and abetting him therein shall, upon conviction, be punished by a fine of not less than 10% 
of the fair market value of the land applied for as determined by the local government unit 
or by imprisonment of prision mayor, or both, in the discretion of the court; Provided, That 
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if the offender is a public official, the penalty shall include removal from office, forfeiture of 
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all retirement benefits and perpetual disqualification to hold any other appointive or elective 
positions. 
Any person who willfully prevents or obstructs the acquisition of a free patent by a 
qualified beneficiary, or sells, transfers, acquires a land of the public domain for purposes of 
circumventing the provisions of this Act shall, upon conviction, be punished by a fine of not 
less than 20% of the fair market value of the land applied for as determined by the local 
government unit or by imprisonment of reclusion temporal, or both, in the discretion of the 
court; Provided, That if the offender is a public official, the penalty shall include removal 
from office, forfeiture of all retirement benefits and perpetual disqualification to hold any 
other appointive or elective positions. 
Any violation of Section 11 of this Act shall be punishable by imprisonment ofprision 
mayor, or both, in the discretion of the court; provided that, if the offender is a public 
official, the penalty shall include removal from office, forfeiture of all retirement benefits 
and perpetual disqualification to hold any other appointive or elective positions. 
SECTION 14. Separabiliy 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 15. Repealing Clause. All laws, decrees, executive orders, executive 
issuances or 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 16. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
publication in two (2) national newspapers of general circulation. 
Approved, 
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