Republic
of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fourteenth
Congress
Third Regular Session
Begun
and held in Metro Manila, on Monday, the twenty-seventh day of July, two
thousand nine.
REPUBLIC ACT No. 10023
AN ACT AUTHORIZING THE ISSUANCE OF
FREE PATENTS TO RESIDENTAL LANDS
Be it enacted by the Senate and
House of Representatives of the Philippines in Congress assembled:
Section 1. Qualifications. - Any Filipino citizen who is an
actual occupant of a residential land may apply for a Free Patent Title under
this Act: Provided; That in highly urbanized cities, the land should not exceed
two hundred (200) square meters; in other cities, it should not exceed five
hundred (500) square meters; in first class and second class municipalities, it
should not exceed seven hundred fifty (750) square meters; and in all other
municipalities, it should not exceed one thousand (1,000) square meters; Provided,
further, That the land applied for is not needed for public service and/or
public use.
Section 2. Coverage. - This Act shall cover all lands that are
zoned as residential areas, including townsites as defined under the Public
Land Act; Provided, That none of the provisions of Presidential Decree
No. 705 shall be violated.
Zoned residential areas located
inside a delisted military reservation or abandoned military camp, and those of
local government units (LGUs) or townsites which preceded Republic Act No. 7586
or the National Integrated Protected Areas System (NIPAS) law, shall also be
covered by this Act.
Section 3. Application. - The application on the land applied
for shall be supported by a map based on an actual survey conducted by a
licensed geodetic engineer and approved by the Department of Environment and
Natural Resources (DENR) and a technical description of the land applied for
together with supporting affidavit of two (2) disinterested persons who are
residing in the barangay of the city or municipality where the land is located,
attesting to the truth of the facts contained in the application to the effect
that the applicant thereof has, either by himself or through his
predecessor-in-interest, actually resided on and continuously possessed and
occupied, under a bona fide claim of acquisition of ownership, the land applied
for at least ten (10) years and has complied with the requirements prescribed
in Section 1 hereof.
Section 4. Special Patents. - Notwithstanding any provision of
law to the contrary and subject to private rights, if any, public land actually
occupied and used for public schools, municipal halls, public plazas or parks
and other government institutions for public use or purpose may be issued
special patents under the name of the national agency or LGU concerned: Provided,
That all lands titled under this section shall not be disposed of unless
sanctioned by Congress if owned by the national agency or sanctioned by the
sanggunian concerned through an approved ordinance if owned by the LGU.
Section 5. Removal of Restrictions. - The restrictions
regarding encumbrances, conveyances, transfers or dispositions imposed in
Sections 118, 119,121, 122 and 123 of Chapter XII, Title VI of Commonwealth Act
No. 141 as amended, shall not apply to patents issued under this Act.
Section 6. Period for Application. - All applications shall be
filed immediately after the effectivity of this Act before the Community
Environment and Natural Resources Office (CENRO) of the DENR. The CENRO is
mandated to process the application within one hundred and twenty (120) days to
include compliance with the required notices and other legal requirements, and
forward this recommendation to the Provincial Environment and Natural Resources
Office (PENRO), who shall have five (5) days to approve or disapprove the
patent. In case of approval, patent shall be issued; in case of conflicting
claims among different claimants, the parties may seek the proper judicial
remedies.1avvphi1
Section 7. Implementing Rules and Regulations. - The Director
of the Land Management Bureau of the Department of Environment and Natural
Resources (DENR) shall promulgate rules and regulations to carry out the
provisions of this Act, and shall see to it that such are gender responsive.
Section 8. Repealing Clause. - All laws, decrees, executive
order, executive issuance's or letters of instruction, rules and regulations or
any part thereof inconsistent with or contrary to the provisions of this Act
are hereby deemed repealed, amended or modified accordingly.
Section 9. Separability Clause. - If, for any reason or
reasons, any part or parts of this Act shall be declared unconstitutional or
invalid by any competent court, other parts of this Act shall be thereby shall
continue to be in full force and effect.
Section 10. Effectivity Clause. - This Act shall take effect
fifteen days (15) after its publication in two (2) national newspapers of
general education.
Approved
|
(Sgd.)
JUAN PONCE ENRILE
President of the Senate
|
(Sgd.)
PROSPERO C. NOGRALES
Speaker of the House of Representatives
|
This Act which is a consolidation of
House Bill No. 5618 and Senate Bill No. 3429 was finally passed by the House of
Representatives and Senate on December 18, 2009.
|
(Sgd.)
EMMA LIRIO-REYES
Secretary of Senate
|
(Sgd.)
MARILYN B. BARUA-YAP
Secretary General
House of Representatives
|
Approved: March 9, 2010
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
