FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES =)
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No, 708

Introduced by Representative Rufus 8. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

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will remove outdated and obsolete provisions and will facilitate the mass titling of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 dispesable 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.D. 182;

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

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

ANOARoNs

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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 te US$133 billion.

RUFUS B. IGUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES j
First Regular Session )

HOUSE OF REPRESENTATIVES
House Bill No. _708

Introduced by Representative Rufus 8. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

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 11 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 [thirly (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
himsel/HERSELF or through his/her predecessors-ininterest, 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 noi to exceed twelve (12) heclares,
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 SQ.M),
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 1S ISSUED.

Section 3. — Section 45, Chapter VI, Title 11 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 epplications
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 Jand 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 thirly (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. — Saction 47, Chapter Vill, 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 8, Section 48, Chapter Vill, Title 1] of Commonwealth Act No.
441, 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 perfecied
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:

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“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
fepurchase 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 or 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.
444, 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
jand 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
2 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 IS A PUBLIC OFFICIAL OR GOVERNMENT
OFFICIAVIEMPLOYEE, 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 8. ~ Section 133, Chapter XVI, Title VI of Commonwealth Act No.
4141, 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
atiempt to acquire lands of the public domain or other real property
of 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 or 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
OFFICIAVIEMPLOYEE, 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 cerlificate 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,
@s 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:

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“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 18. — 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 ietters 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. Separability 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.