Title
Supreme Court
Amendment on Alien Property Encumbrance
Law
Republic Act No. 4370
Decision Date
Jun 19, 1965
Republic Act No. 4370 amends the provisions of Republic Act No. 477, prohibiting the encumbrance or alienation of land acquired under the Philippine Property Act for a period of ten years, and nullifying any transfer of rights made by occupants or applicants of such lands.

Q&A (Republic Act No. 4370)

Republic Act No. 4370 amended Section Eight of Republic Act No. 477 to provide that land acquired under the provisions of the Act, or any permanent improvements thereon, shall not be subject to encumbrance or alienation from the date of the award and for a term of ten years from the issuance of the certificate of title, except in favor of the government, its branches, or certain church properties.

The government or any of its branches, units, or institutions, and any church, sect or denomination for its church and/or cemetery site are exceptions to the prohibition.

The land or improvements are protected for a term of ten years from and after the date of issuance of the certificate of title.

Any occupant or applicant who transfers rights before the award or contract of sale shall not be entitled to apply for another piece of agricultural land or urban, homesite, or residential lot from the National Abaca and Other Fibers Corporation, and the transfer shall be considered null and void.

No, the land or improvements shall not become liable to the satisfaction of any debt contracted prior to the expiration of the 10-year period.

The law specifically protects agricultural lands, urban homesites, and residential lots acquired under the Philippine Property Act governed by Republic Act No. 477.

The transfer shall be null and void and the occupant shall lose the right to apply for another piece of land from the National Abaca and Other Fibers Corporation.

The National Abaca and Other Fibers Corporation is mentioned as the agency handling applications and transfers of lands under this law.

The amendment took effect upon its approval on June 19, 1965.

These exceptions allow for flexibility in management and ownership by government entities and religious organizations for purposes aligned with public or religious functions, such as church or cemetery sites.


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