Law Summary
Coverage of the Act
- Applies to all lands zoned as residential areas, including townsites under the Public Land Act.
- Compliance with Presidential Decree No. 705 is mandatory.
- Includes zoned residential lands inside or abandoned military camps.
- Also covers residential lands of local government units (LGUs) or townsites preceding the National Integrated Protected Areas System (NIPAS) law.
Application Requirements and Procedures
- Applications must include a map based on an actual survey by a licensed geodetic engineer approved by the DENR.
- A technical description of the land applied for is required.
- Must be accompanied by affidavits from two disinterested persons residing in the same barangay, attesting the applicant's continuous possession and occupancy for at least ten years under a bona fide claim of ownership.
- The applicant must have met the qualifications stated in Section 1.
Issuance of Special Patents
- Public lands occupied and used for public schools, municipal halls, public plazas, parks, and other government institutions may be issued special patents.
- These patents shall be issued under the name of the national agency or LGU concerned.
- Disposal of such lands is prohibited unless sanctioned by Congress (for national agencies) or the sanggunian (local council) by ordinance (for LGUs).
Removal of Restrictions
- Restrictions on encumbrances, conveyances, transfers, or dispositions under specified sections of Commonwealth Act No. 141 do not apply to patents issued under this Act.
Period and Processing of Applications
- Applications must be filed immediately after the Act’s effectivity at the Community Environment and Natural Resources Office (CENRO) of the DENR.
- CENRO must process applications within 120 days, including compliance with required notices and legal procedures.
- The Provincial Environment and Natural Resources Office (PENRO) has 5 days to approve or disapprove the application.
- Upon approval, patents are issued; conflicting claims must be resolved judicially.
Implementing Rules and Regulations
- The Director of the Land Management Bureau of the DENR shall issue rules and regulations to implement this Act.
- These rules must be gender responsive.
Repealing Clause
- All laws, decrees, executive orders, and other issuances inconsistent with this Act are considered repealed, amended, or modified accordingly.
Separability Clause
- If any part of this Act is declared unconstitutional or invalid, the remaining provisions shall continue in full force and effect.
Effectivity Clause
- The Act takes effect fifteen (15) days after its publication in two national newspapers of general circulation.