Title
Removal of Restrictions on Agricultural Free Patents
Law
Republic Act No. 11231
Decision Date
Feb 22, 2019
The Agricultural Free Patent Reform Act removes restrictions on the registration, acquisition, and transfer of agricultural lands covered by free patents, allowing for greater utilization and economic development.

Law Summary

Scope of the Act

  • Applies specifically to agricultural public lands alienated or disposed to qualified public land applicants.
  • Focuses on lands under Section 44 of Commonwealth Act No. 141, as amended.
  • Removes restrictions under Sections 118, 119, and 121 of Commonwealth Act No. 141 regarding various transactions.

Removal of Restrictions on Agricultural Free Patents

  • Agricultural free patents are now considered as titles in fee simple.
  • Free patents shall no longer be subject to restrictions on acquisition, encumbrance, alienation, conveyance, transfer, or disposition.
  • Allows holders to freely encumber or transfer their land titles without previous legal impediments.

Retroactive Effect and Transitional Provisions

  • The Act applies retroactively to agricultural free patents issued before its effectivity.
  • Removes and lifts any existing restrictions from prior issued titles immediately upon effectivity.
  • Preserves the right of redemption under Section 119 for transactions made in good faith before the Act took effect.

Severability Clause

  • If any provision of the Act is declared invalid or unconstitutional, the remaining provisions continue to be effective.

Repealing Clause

  • Repeals, amends, or modifies all inconsistent laws, decrees, orders, rules, regulations, circulars, or issuances conflicting with this Act.

Effectivity

  • The Act takes effect 15 days after its publication in the Official Gazette or a newspaper of general circulation.

Legal Significance

  • Establishes clear legal authority for owners of agricultural free patents to manage their land titles freely.
  • Supports land development by removing bureaucratic restrictions that historically burdened agricultural land titles.
  • Aligns with contemporary land reform goals to stimulate agricultural productivity and socio-economic advancement.

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