Law Summary
Amendments to Commonwealth Act No. 141, Section 44 - Agricultural Free Patent Eligibility
- Natural-born Filipinos not owning more than 12 hectares are entitled to free patents.
- Must have continuously occupied and cultivated alienable and disposable agricultural lands for at least 20 years before the application.
- Payment of real estate tax on land is required for eligibility.
- The maximum land area for free patents is 12 hectares.
Amendments to Commonwealth Act No. 141, Section 45 - Filing and Processing of Agricultural Free Patent Applications
- Applications must be filed at the Community Environment and Natural Resources Office (CENRO) or Provincial Environment and Natural Resources Office (PENRO).
- CENRO or PENRO must process applications within 120 days, including notices and legal requirements.
- Recommendations are sent according to land area: below 5 hectares to PENRO; 5 to 10 hectares to DENR Regional Director; 10 to 12 hectares to DENR Secretary.
- Approval or disapproval must be decided within 5 days upon receipt of recommendations or processing completion.
- Conflicting claims may seek administrative or judicial remedies.
Repeal of Section 47 of Commonwealth Act No. 141
- Section 47 of Commonwealth Act No. 141, amended by Republic Act No. 7196, is repealed.
Amendments to Commonwealth Act No. 141, Section 48 - Confirmation of Imperfect Titles
- Filipino citizens occupying or claiming public domain lands with unperfected titles may file for confirmation.
- Land area for confirmation capped at 12 hectares.
- Categories for filing:
- Open, continuous, exclusive, and notorious possession under bona fide ownership claims for at least 20 years (except for war or force majeure).
- Ownership acquired by accession or accretion.
- Ownership obtained by other legal means.
- Possessors for 20 years are conclusively presumed to have met conditions for government grant.
Amendments to Presidential Decree No. 1529, Section 14 - Who May Apply for Land Registration
- Application for registration to be filed with the Regional Trial Court where land is located.
- Requirements for applicants:
- Open, continuous, exclusive, and notorious possession for at least 20 years under bona fide ownership claim.
- Ownership by accession or accretion.
- Acquisition by other lawful means.
- Joint application required where land is co-owned.
- Applications by vendors under pacto de retro allowed.
- Trustees may apply for registration unless prohibited by trust instrument.
Proof of Alienable and Disposable Land
- Certification by designated DENR geodetic engineer suffices to prove land is alienable and disposable.
- Certification must be signed and imprinted on approved survey plans with a sworn statement.
- Sworn statement should cite applicable Forestry Administrative Orders, DENR administrative orders, executive orders, proclamations, and relevant land classification project map numbers.
- If no such orders available, reference to land classification map number and date, and declaration of map’s existence in NAMRIA records are acceptable.
Penalties for False or Fraudulent Projection Maps
- Geodetic engineers who prepare defective or fraudulent projection maps, and DENR officials who certify such maps, face penalties.
- Penalties include fines ranging from ₱100,000 to ₱500,000, imprisonment from 6 months to 6 years, or both.
- Penalties are in addition to those under the Revised Penal Code and Philippine Geodetic Engineering Act of 1998.
Removal of Restrictions and Applicability of Republic Act No. 11231
- Free patents issued under this act shall be governed by provisions of Republic Act No. 11231.
Implementing Rules and Regulations
- Secretary of DENR required to issue implementing rules and regulations within 60 days from the Act’s effectivity.
Separability Clause
- Declared invalid or unconstitutional provisions do not affect the validity of other provisions of the Act.
Repealing Clause
- All laws, decrees, orders, and regulations inconsistent with this Act are repealed, amended, or modified accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.