QuestionsQuestions (BATAS PAMBANSA BLG. 223)
To hasten the titling of residential lands of the public domain by authorizing the grant of free patents under certain conditions, and to provide expeditious cadastral and related judicial proceedings.
Any Filipino citizen who is not a registered owner of a residential land in the same municipality and who has, since June 12, 1945 or prior thereto (by himself or through a bona fide predecessor), actually resided on and continuously possessed and occupied a parcel of residential land of the public domain that is alienable and disposable.
Actual residence on and continuous possession and occupation, since June 12, 1945 or prior thereto, by the applicant or a bona fide predecessor-in-interest, under a bona fide claim of acquisition of ownership.
The applicant must have paid all real estate taxes on the parcel since June 12, 1945 or prior thereto.
Not to exceed three thousand (3,000) square meters.
No free patent shall be issued for the applied land if it is for the public service or public use.
Free patents are not allowed for residential lands located in cities, capitals of provinces, and first to fourth class municipalities, and also in townsite reservations established under Chapter XI of the Public Land Act.
It means that even if the applicant meets the requisites of BP Blg. 223, the issuance of the free patent is not allowed if it would violate Presidential Decree No. 705.
A map and technical description of the land, plus supporting affidavits of two (2) disinterested persons who are residents of the municipality attesting to the truth of the application’s facts, including residence, continuous possession and occupation since June 12, 1945 or prior thereto, and compliance with Section 1 requirements.
The supporting affidavits must be from two disinterested persons who are residents of the municipality where the land is located.
Yes. All applications must be filed on or before December 31, 1987.
Sections 2 and 3 of Republic Act No. 782 and pertinent provisions of Chapter XIV, Title VI of Commonwealth Act No. 141 (as amended) are applicable.
Yes. Legal restrictions on free patent granted over agricultural lands likewise apply to free patent granted under this Act.
Upon recommendation of the Director of Lands, the Minister must promulgate implementing rules and regulations and prescribe reasonable fees necessary to carry out the Act.
The Director of Lands must institute cadastral proceedings within sixty (60) days from the approval of BP Blg. 223.
The Director of Lands must commence survey and make plans preparatory to cadastral proceedings within six (6) months from approval, and institute cadastral proceedings within sixty (60) days from completion of the survey.
The Land Registration Commission (National Land Titles and Deeds Registration Administration) must issue the decree of registration within thirty (30) days from receipt of the copy of the order for issuance of the decree.
The offender is subject to the same penalties provided for in the Public Land Act.
It takes effect upon its approval.