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FOURTEENTH CONGRESS OF THE REPUBLIC} 
OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Richard J. Gordon 
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remove outdated and obsolete provisions and will facilitate the mass titling of public 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: 
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Increase in penalties 
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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 
Providing the DENR with the authority to determine form of technical 
description 
The proposed amendment of specific provisions of the Commonwealth Act 
No. 141 seeks to enable the 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. The passage of this bill is therefore earnestly 
sought. 
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FOURTEENTH CONGRESS OF THE REPUBLIC} 
OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Richard J. Gordon 
AN ACT REFORMING THE ADMINISTRATIVE TITLING PROCESS, AMENDING 
CERTAIN PROVISIONS OF COMMONWEALTH ACT NO. 141 OTHERWISE 
KNOWN AS THE PUBLIC LAND ACT AS AMENDED 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled. 
Section 1. - Paragraph 1, Section 44, Chapter VII, Title I1 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 ( I O )  YEARS PRIOR TO HlSlHER FILING OF APPLICATION 
FOR PATENT, has continuously occupied and cultivated, either by 
himselflHERSELF or through hislher 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 any person] shall be entitled, under the provisions of this 
Chapter, to have a free patent issued to himlHER for such tract or 
tracts of land not to exceed twelve (12) hectares, INCLUSIVE OF 
HlSlHER 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 APPLICANT SHALL BE WITHOUT 
PREJUDICE TO THEIR RIGHTS UNDER EXISTING LAND REFORM 
LAWS. 
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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 VII, Title II of Commonwealth Act No. 141, 
as amended, is hereby further amended by the addition of the following paragraphs: 
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"SECTION 44 (2).- THE PROVISIONS OF ANY LAW TO THE 
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CONTRARY NOTWITHSTANDING, ANY NATURAL BORN CITIZEN 
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OF THE PHILIPPINES WHO IS NOT THE OWNER OF MORE THAN 
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TWELVE (12) HECTARES AND WHO FOR AT LEAST TEN (IO) 
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YEARS PRIOR TO HlSlHER APPLICATION FOR PATENT, HAS 
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CONTINUOUSLY 
POSSESSED 
AND 
USED 
EITHER 
BY 
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HlMSELFlHERSELF OR THROUGH HlSlHER PREDECESSORS-IN- 
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INTEREST, A TRACT OR TRACTS OF LAND OF THE PUBLIC 
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DOMAIN SUBJECT TO DISPOSITION FOR RESIDENTIAL AND 
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COMMERCIAL PURPOSES NOT TO EXCEED THREE THOUSAND 
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SQUARE METERS (3,000 SQ.M), SHALL ALSO BE ENTITLED, 
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UNDER THE PROVISIONS OF THIS CHAPTER, TO HAVE A FREE 
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PATENT ISSUED TO HlMlHER FOR SUCH TRACT OR TRACTS OF 
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LANDS. PROVIDED, THAT THE TOTAL AREA OF HlSlHER LAND 
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SHALL NOT EXCEED TWELVE (12) HECTARES. 
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PATENT APPLICATIONS BASED ON POSSESSION TEN 
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YEARS BEFORE THE COMMENCEMENT OF THIS ACT CAN BE 
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APPROVED FROM THE DATE OF EFFECTIVITY OF THIS ACT." 
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SECTION 44 (3). -LAND ACQUIRED BY FREE PATENT 
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UNDER THE PROVISIONS OF THIS CHAPTER SHALL BE 
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TREATED AS ANY OTHER PRIVATE LAND WITH ALL THE 
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CONCOMITANT RIGHTS THEREUNTO APPERTAINING AND 
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SHALL NOT BE SUBJECT TO THE RESTRICTIONS OF, NOR 
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SHALL IT ENJOY THE EXEMPTION FROM BEING HELD IN 
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SATISFACTION OF ANY DEBT, AS HERETOFORE PROVIDED IN 
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SECTION 118, AND SECTIONS 121, 122, 123 AND 124 OF 
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COMMONWEALTH ACT NO. 141. 
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THIS APPLIES TO PATENTS ISSUED BEFORE OR AFTER 
THE DATE OF EFFECTIVITY 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, chartered 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 (30) days counted from the date of the presidential 
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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 I1 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 VIII, Title II 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 lands 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: 
xxx 
"PROVIDED, THAT NOTHING IN THIS PROVISION SHALL 
BE TAKEN TO PRECLUDE THOSE IN POSSESSION OF PUBLIC 
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ALIENABLE 
AND 
DISPOSABLE 
LAND 
FROM 
SEEKING 
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141 is hereby repealed. 
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[SECTION 119. 
Every conveyance of land acquired under 
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the free patent or homestead provisions, when proper, shall be subject 
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to repurchase by the applicant, his widow, or legal heirs, within a 
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period of five years from the date of the conveyance.] 
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Section 7. - Section 131, Chapter XVI, Title VI of Commonwealth Act No. 
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“Section 131. Any person who sells forms issued and 
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distributed gratuitously under this Act or who, being an officer charged 
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with distributing them ,refuses or fails, without sufficient reason, to 
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furnish the same, shall be punished for each offense by a fine of [not 
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more than one hundred pesos] NOT LESS THAN FIFTY THOUSAND 
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PESOS (P50,OOO) AND NOT MORE THAN FIVE HUNDRED 
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THOUSAND PESOS (P500,OOO) or imprisonment [for not more than 
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three months] FOR NOT MORE THAN ONE YEAR, or both, upon the 
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discretion of the court.” 
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“Section 132. - Any person, corporation, association or 
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partnership which, not being qualified or no longer authorized to apply 
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for public land under the provision of this Act, files or induces or 
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knowingly permits another person, corporation, association or 
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partnership to file an application in hislHER or its behalf or for hislHER 
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or its interest, benefit or advantage, shall be punished by a fine of [not 
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less than two hundred nor more than five thousand pesos] NOT LESS 
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THAN 10% OF THE FAIR MARKET VALUE OF THE LAND APPLIED 
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FOR or by imprisonment [for not less than two months nor more than 
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five years] FOR SIX (6) YEARS TO TWELVE (12) YEARS, or both, 
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upon the discretion of the court; and the application shall be cancelled. 
ADMINISTRATIVE CONFIRMATION OF THEIR TITLE.” 
Section 6. - Section 119, Chapter XIV, Title VI of Commonwealth Act No. 
141, as amended, is hereby further amended to read as follows: 
Section 8. - Section 132, Chapter XVI, Title VI of Commonwealth Act No. 
141, as amended, is hereby further amended to read as follows: 
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PROVIDED, THAT IN CASE THE OFFENDER IS A CORPORATION, 
ASSOCIATION 
OR 
PARTNERSHIP 
THEIR 
RESPONSIBLE 
OFFICIALS SHALL BE DEEMED JOINTLY AND SEVERALLY 
LIABLE; P R O V E D  FURTHER, THAT IN CASE THE OFFENDER IS 
A PUBLIC OFFICIAL OR GOVERNMENT OFFICIALIEMPLOYEE, 
HEISHE 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 
qualifications 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 
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] FROM SIX (6) YEARS TO TWELVE (12) 
YEARS, or both, upon the discretion of the court. IF THE OFFENDER 
IS A PUBLIC OFFICIAL OR GOVERNMENT OFFICIALIEMPLOYEE, 
HEISHE 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. - 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 
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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 11. - 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 12.- Upon effectivity of this act, no fees shall henceforth be payable 
for the preparation, issue and registration of free patents. 
Section 13. 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 14. 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 15. Effecfivify 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, 
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