Legislative History
Entitled: AN ACT REFORMING THE ADMINISTRATIVE TITLING PROCESS BY AMENDING CERTAIN PROVISIONS OF COMMONWEALTH ACT NO. 141 OTHERWISE KNOWN AS THE PUBLIC LAND ACT AS AMENDED [ THIRD REGULAR SESSION, 14TH CONGRESS ] [ 2009 ] 9/8/2009 Prepared and submitted jointly by the Committee(s) on CONSTITUTIONAL AMENDMENTS, REVISION OF CODES AND LAWS, ENVIRONMENT AND NATURAL RESOURCES and FINANCE with Senator(s) MIRIAM DEFENSOR SANTIAGO, GREGORIO B. HONASAN II, RICHARD "DICK" J. GORDON, JUAN MIGUEL F. ZUBIRI, JINGGOY P. EJERCITO-ESTRADA, LOREN B. LEGARDA, MAR ROXAS, FRANCIS "CHIZ" G. ESCUDERO and M. A. MADRIGAL as author(s) per Committee Report No. 609, recommending its approval in substitution of SBNos. 1849, 1931, 2003, 2239, 2318, 2382 and 2401, taking into consideration HBN-5618; 9/8/2009 Sponsors: Senator(s) FRANCIS "CHIZ" G. ESCUDERO and RICHARD "DICK" J. GORDON; 9/8/2009 Committee Report calendared for Ordinary Business; 9/9/2009 Transferred from Ordinary Business to Special Order; 9/9/2009 Sponsorship speech of Senator RICHARD "DICK" J. GORDON; 9/16/2009 Period of interpellations closed; 9/16/2009 Period of committee amendments; 10/5/2009 Period of individual amendments; 10/7/2009 Period of individual amendments; 10/7/2009 Period of individual amendments closed; 10/7/2009 Period of amendment closed; 10/7/2009 Approved on Second Reading with Amendments; 10/8/2009 Printed copies were distributed to the Senators; 10/12/2009 Approved on Third Reading: 10/12/2009 In favor: (15) EDGARDO J. ANGARA, JOKER P. ARROYO, "COMPANERA" PIA S. CAYETANO, MIRIAM DEFENSOR SANTIAGO, JINGGOY P. EJERCITO-ESTRADA, JUAN PONCE ENRILE, FRANCIS "CHIZ" G. ESCUDERO, GREGORIO B. HONASAN II, PANFILO M. LACSON, MANUEL "LITO" M. LAPID, LOREN B. LEGARDA, FRANCIS N. PANGILINAN, AQUILINO Q. PIMENTEL JR., RAMON A. REVILLA JR. and JUAN MIGUEL F. ZUBIRI; 10/12/2009 Against: N o n e; 10/12/2009 Abstention: N o n e; 10/14/2009 Sent to the House of Representatives requesting for concurrence; 10/14/2009 Senate requested the House of Representatives for a conference on the disagreeing provisions SBN-3429 and HBN-5618, and designating Senators Escudero, Gordon and Companera Pia S. Cayetano as its conferees; 11/17/2009 House of Representatives agreed to the request of the Senate for a conference on the disagreeing provisions of SBN-3429 and HBN-5618, and designated Representatives Cerilles, Abaya, Chungalao, Garcia and Escudero III as its conferees to the Bicameral Conference Commuittee on November 11, 2009; 12/18/2009 Conference Committee Report submitted to the Senate, recommending that HBN-5618, in consolidation with SBN-3429, be approved as reconciled; 12/18/2009 Conference Committee Report Approved by the Senate; [ 2010 ] 1/20/2010 Conference Committee Report approved by the House of Representatives on December 18, 2009; 1/20/2010 Enrolled copies of the consolidated version of HBN-5618 and SBN-3429, received by the Senate for the signature of Senate Secretary Reyes and Senate President Enrile; 2/3/2010 Enrolled copies of the consolidated version of HBN-5618 and SBN-3429, sent back to the House of Representatives already signed by Senate Secretary Reyes and Senate President Enrile; FINAL TITLE:
AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTIAL LANDS.5/31/2010 Consolidated with HBN-5618, which was Approved and Signed into Law by the President of the Philippines, Her Excellency President Gloria Macapagal Arroyo on March 9, 2010, and became; 5/31/2010 REPUBLIC ACT NO. 10023.
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S. No. 3429 H. No. 5618; Star, March 19, 2010
[ REPUBLIC ACT NO. 10023, March 09, 2010 ]
AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTIAL 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.SEC. 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 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.SEC. 3. Application. — The application on the land applied far shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environmental 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.SEC. 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.SEC. 5. Removal of Restrictions. — The restrictions regarding encumbrances, conveyances, transfers or dispositions imposed in Sections 118,119,121,122 and 123 of Chapter XDI, Title VI of Commonwealth Act No. 141, as amended, shall not apply to patents issued under this ActSEC. 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 his 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.SEC. 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.SEC. 8. Repealing Clause. — All laws, decrees, executive orders, executive issuances 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.SEC. 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 or provisions thereof not affected thereby shall continue to be in full force and effect.SEC. 10. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of general circulation.Approved,
(Sgd.) JUAN PONCE ENRILE | (Sgd.) PROSPERO C. NOGRALES |
President of Senate | 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 the Senate on December 18, 2009.
(Sgd.) EMMA LIRIO-REYES | (Sgd.) MARILYN B. BARUA-YAP |
Secretary of Senate | Secretary General House of Representatives |
Approved: MAR 09 2010(Sgd.) GLORIA MACAPAGAL - ARROYOPresident of the Philippines
Source: Supreme Court E-Library | Date created: April 08, 2019
Source: Supreme Court E-Library
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