Amendment allowing commercial land acquisition

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PRESIDENTIAL DECREE NO. 763: Amendment allowing commercial land acquisition

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Title Supreme Court: Amendment allowing commercial land acquisition

Law: Presidential Decree No. 763

Decision Date: Aug 6, 1975

Presidential Decree No. 763 allows corporations, partnerships, or associations to acquire lands originally granted under the Public Land Act for commercial and industrial purposes, expanding the previous restrictions and promoting economic development.

public land act

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Rationale for Amendment

The pre-existing restriction hindered private sector efforts to boost economic development.
Removing the restriction for commercial and industrial uses was deemed necessary for national interest.

Amendments to Section 121 of Commonwealth Act No. 141

Juridical entities (corporations, associations, partnerships) may now acquire lands granted under free patent, homestead, or individual sale provisions for commercial, industrial, educational, religious, charitable purposes, or right of way, subject to conditions.
Acquisition requires:
- Consent of the original grantee.
- Approval of the Secretary of Natural Resources.

Validation of Past Acquisitions

Acquisitions by juridical entities prior to this Decree for the specified purposes are considered valid and binding despite contrary provisions in Section 124.
Conditions for validation include:
- No final judicial decision reverting the land to the State.
- Approval by the Secretary of Natural Resources within six (6) months from the date of effectivity of this Decree.

Effectivity

The Decree took effect immediately upon promulgation on August 6, 1975.

END