Title
Extension for Filing Free Patent Applications
Law
Republic Act No. 6940
Decision Date
Mar 28, 1990
Republic Act No. 6940 amends the filing period and eligibility requirements for free patents on agricultural public lands in the Philippines, allowing natural-born citizens who have continuously occupied and cultivated such lands for at least 30 years to apply for a maximum of 12 hectares of land.

Questions (Republic Act No. 6940)

RA 6940 grants an extension period ending on December 31, 2000 for filing applications for free patents and judicial confirmation of imperfect title over alienable and disposable lands of the public domain under Chapters VII and VIII of C.A. 141.

Twelve (12) hectares.

The applicant must be a natural-born Filipino, not an owner of more than 12 hectares, and must have continuously occupied and cultivated the agricultural public land (either personally or through predecessors-in-interest) for at least 30 years prior to the effectivity of the amendatory Act, and must have paid the real estate tax while the land has not been occupied by any person.

Upon recommendation of the Secretary of Environment and Natural Resources, the President fixes by proclamation the period within which applications for free patents may be filed in the specified community environment and natural resources office or region.

The time to be fixed in the entire archipelago shall not extend beyond December 31, 2000 (subject to specified exceptions for certain provinces).

For the provinces of Agusan del Norte, Agusan del Sur, Cotabato, South Cotabato, Sultan Kudarat, Bukidnon, Lanao del Norte, Lanao del Sur, Davao del Norte, Davao del Sur, Davao Oriental, Sulu, Mt. Province, Benguet, Kalinga-Apayao, Ifugao, Maguindanao, Tawi-Tawi, and Basilan.

The period shall apply only when the area applied for does not exceed 12 hectares.

Thirty (30) days after the publication of the proclamation in one newspaper of general circulation in the city, province, municipality concerned.

The Secretary of DENR must furnish certified copies to the Community Environment and Natural Resources Office and to the provincial, municipal, city, and barangay councils within 30 days from the proclamation date; copies must be posted on bulletin boards of the Community Environment and Natural Resources Office and in conspicuous places in the provincial building and municipal building and barangay halls/meeting places; and the announcement must be made by government radio whenever available in each of the barrios.

All land comprised within the district/chartered city/province/municipality/region subject thereto may be disposed of as agricultural public land without prejudice to the prior right of the occupant and cultivator to acquire such land by means other than free patent.

They are granted time, not to extend beyond December 31, 2000, within which to take advantage of the benefit of Chapter VIII.

Only where the area applied for does not exceed 12 hectares.

The several periods fixed by the President under Section 45 shall apply also to the lands comprised in the provisions of Chapter VIII; however, Section 47 is not construed as prohibiting the persons from acting under Chapter VIII at any time prior to the period fixed by the President.

Any law or executive order or part thereof contrary to or inconsistent with RA 6940 is deemed repealed accordingly.

If any provision is held invalid or if its applicability to any person/circumstance is held invalid, the remainder of the Act and the applicability of the invalidated provision to other persons/circumstances are not affected.

Fifteen (15) days after its publication in two national newspapers of general circulation.


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