QuestionsQuestions (PRESIDENTIAL DECREE NO. 2004)
It amends Section 2 of Republic Act No. 730 to remove onerous restrictions against encumbrance or alienation on public lands sold for residential purposes, thereby allowing effective utilization of these lands.
PD 2004 amended Section 2 of Republic Act No. 730.
Lands acquired under the Act shall not be subject to any restrictions against encumbrance or alienation before and after the issuance of the patents.
There shall be no restrictions against encumbrance or alienation after the issuance of the patents.
It removes the prior onerous restrictions on encumbrance or alienation, making the acquired lands free from those specific limitations before and after patent issuance.
Based on the text, it specifically removes restrictions against encumbrance or alienation; it does not explicitly address other types of restrictions not mentioned in the decree.
It refers to the official land patents issued by the government as the legal instrument of conveyance/recognition of ownership under the public land disposition program.
It covers the sale without public auction of public lands for residential purposes to qualified applicants under certain conditions.
It means the sale of public lands under specified legal authority is conducted without holding a public bidding/auction process, for qualified residential applicants.
They were burdensome restrictions against encumbrance or alienation; PD 2004 intended to remove them to allow effective utilization of the lands.
It takes effect immediately upon issuance.
It states that it is pursuant to the powers vested in the President by the Constitution.
It was signed by Ferdinand E. Marcos as President of the Philippines, and by Juan C. Tuvera as Presidential Executive Assistant for the President.
That the land was acquired under RA 730 for residential purposes by qualified applicants, and that the acquisition is within the scope of RA 730’s land disposition scheme contemplated by the amendment to Section 2.
The amended provision under PD 2004 controls because it expressly amends Section 2 of RA 730, updating the rule on restrictions against encumbrance or alienation.