Covered land and qualifying occupants
- Section 1 amends Paragraph 1 of Section 44, Chapter VII of Commonwealth Act No. 141 by requiring that an applicant is a natural-born citizen of the Philippines who is not the owner of more than twelve (12) hectares.
- Section 1 requires that the applicant, for at least thirty (30) years prior to the effectivity of this amendatory Act, has continuously occupied and cultivated agricultural public land subject to disposition.
- Section 1 allows continuous occupation and cultivation either by himself or through his predecessors-in-interest over the tract or tracts of agricultural public lands.
- Section 1 requires that the applicant has paid the real estate tax thereon while the same has not been occupied by any person.
- Section 1 entitles the qualified applicant to have a free patent issued for such tract or tracts of land not to exceed twelve (12) hectares.
Filing period for free patent applications
- Section 2 amends Section 45, Chapter VII of Commonwealth Act No. 141 by directing that the President of the Philippines, upon recommendation of the Secretary of Environment and Natural Resources, shall fix by proclamation the period within which applications for free patents may be filed in the Community Environment and Natural Resources Office or in the region specified in the proclamation.
- Section 2 provides that after the proclamation’s fixed period expires, the lands in the covered district, chartered city, province, municipality, or region may be disposed of as agricultural public land without prejudice to the occupant and cultivator’s prior right to acquire the land by means other than free patent.
- Section 2 sets a national cap: the time to be fixed in the entire Archipelago for filing applications under Chapter VII shall not extend beyond December 31, 2000.
- Section 2 establishes a list of provinces where the President, upon recommendation of the Secretary of Environment and Natural Resources, shall determine or fix the time beyond which the filing of applications under Chapter VII shall not extend; the provinces listed are 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.
- Section 2 limits applicability: the period fixed by proclamation applies only when the area applied for does not exceed twelve (12) hectares.
- Section 2 provides that the period fixed for a district, chartered city, province, or municipality begins to run thirty (30) days after publication of the proclamation in one newspaper of general circulation in the city, province, or municipality concerned.
Publication and notice requirements
- Section 2 requires the Secretary of Environment and Natural Resources to furnish a certified copy of the proclamation within thirty (30) days counted from the date of the presidential proclamation to the Community Environment and Natural Resources Office and to the relevant local bodies: the provincial board, municipal board or city council, and barangay council affected.
- Section 2 requires posting of copies on:
- the bulletin board of the Community Environment and Natural Resources Office, and
- conspicuous places in the provincial building, the municipal building, and barangay halls or meeting place.
- Section 2 requires government radio announcement whenever available in each of the barrios of the municipality.
Filing period for judicial confirmation (imperfect title)
- Section 3 amends Section 47, Chapter VIII of Commonwealth Act No. 141 by granting persons specified in the next following section time not to extend beyond December 31, 2000 to take advantage of the benefit of Chapter VIII.
- Section 3 limits the benefit: the period applies only where the area applied for does not exceed twelve (12) hectares.
- Section 3 extends the proclamation-based timing rule: the several periods of time designated by the President under Section 45 apply also to the lands comprised in Chapter VIII.
- Section 3 states that the section does not prohibit the persons covered from acting under Chapter VIII at any time prior to the period fixed by the President.
Repeal of inconsistent laws
- Section 4 provides that any law or executive order (or part thereof) contrary to or inconsistent with Republic Act No. 6940 is deemed repealed accordingly.
Separability (validity of remaining provisions)
- Section 5 provides that if any provision of Republic Act No. 6940 or its applicability to any person or circumstance is held invalid, the invalidity does not affect the validity of the remainder of the Act or the applicability of the invalid provision to other persons or circumstances.
Effect of the law’s approval and passage
- Republic Act No. 6940 was finally passed by the House of Representatives and the Senate on January 24, 1990 and October 5, 1989, respectively.