Question & AnswerQ&A (Republic Act No. 3872)
Republic Act No. 3872 amends Sections 44, 48, and 120 of Commonwealth Act No. 141, otherwise known as the Public Land Act, specifically concerning the rights of natural-born Filipinos and national cultural minorities over agricultural public lands.
Members of national cultural minorities who have continuously occupied and cultivated land, whether disposable or not, since July 4, 1955, and who do not own any real property secured or disposable under the Public Land Act, are entitled to have a free patent issued similar to other natural-born citizens.
Citizens who had filed for purchase or grants of public lands prior to U.S. sovereignty transfer but did not secure title, those with continuous exclusive possession and occupation under bona fide ownership claims for at least 30 years, and members of national cultural minorities meeting similar possession requirements may apply for confirmation and issuance of a certificate of title.
A continuous, exclusive, and notorious possession and occupation under bona fide claim for at least 30 years immediately preceding the application is required, except when prevented by war or force majeure.
Conveyances or encumbrances by national cultural minorities are valid if the person can read and understand the language of the instrument. Conveyances by illiterate or literate individuals who do not understand the instrument's language are invalid unless approved by the Chairman of the Commission on National Integration.
Payment of real estate tax on unoccupied agricultural public land is recognized as a basis for entitlement to a free patent under the Public Land Act, acknowledging the claimant's interest in the property.
Applicants or their heirs who applied prior to the sovereignty transfer from Spain to the U.S., prosecuted their claims, and continuously occupied the land since the application, but did not receive title, can apply for confirmation of ownership under the Land Registration Act.
The person must be able to read and understand the language of the document; if illiterate or does not understand the language despite literacy, the conveyance or encumbrance must be approved by the Chairman of the Commission on National Integration to be valid.
Yes, any law, rule, regulation, or executive order contrary to the provisions of Republic Act No. 3872 is amended or repealed accordingly to ensure conformity with the new law.