H. No. 2473 / Malaya 3/31/90 ; Globe 3/31/90 ; 1 VLD 297 2d

[ REPUBLIC ACT NO. 6940, March 28, 1990 ]

AN ACT GRANTING A PERIOD ENDING ON DECEMBER 31, 2000 FOR FILING APPLICATIONS FOR FREE PATENT AND JUDICIAL CONFIRMATION OF IMPERFECT TITLE TO ALIENABLE AND DISPOSABLE LANDS OF THE PUBLIC DOMAIN UNDER CHAPTERS VII AND VIII OF THE PUBLIC LAND ACT (CA 141, AS AMENDED)

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. Paragraph 1, Section 44, Chapter VII of Commonwealth Act No. 141, as amended, is hereby amended to read as follows:

"SEC. 44. Any natural-born citizen of the Philippines who is not the owner of more than twelve (12) hectares and who, for at least thirty (30) years prior to the effectivity of this amendatory Act, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest a tract or tracts of agricultural public lands subject to disposition, who shall have paid the real estate tax thereon while the same has not been occupied by any person shall be entitled, under the provisions of this Chapter, to have a free patent issued to him for such tract or tracts of such land not to exceed twelve (12) hectares."

SEC. 2. Section 45, Chapter VII of Commonwealth Act No. 141, as amended, is hereby further amended to read as follows:

"SEC. 45. The President of the Philippines, upon recommendation of the Secretary of Environment and Natural Resources, shall from time to time fix by proclamation the period within which applications for free patents may be filed in the Community Environment and Natural Resources Office or region specified in such proclamation, and upon the expiration of the period so designated, unless the same be extended by the President, all the land comprised within such district, chartered city, province, municipality or region subject thereto under the provisions of this Chapter may be disposed of as agricultural public land without prejudice to the prior right of the occupant and cultivator to acquire such land under this Act by means other than free patent. The time to be fixed in the entire Archipelago for the filing of applications under this Chapter shall not extend beyond December 31, 2000, except in the provinces of 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 where the President of the Philippines, upon the recommendation of the Secretary of Environment and Natural Resources, shall determine or fix the time beyond which the filing of applications under this Chapter shall not extend: Provided, That the period shall apply only when, the area applied for does not exceed twelve (12) hectares. The period fixed for any district, chartered city, province or municipality shall begin to run thirty (30) days after the publication of the proclamation in one newspaper of general circulation in the city, province or municipality concerned. A certified copy of said proclamation shall be furnished by the Secretary of Environment and Natural Resources within thirty (30) days counted from the date of the presidential proclamation to the Community Environment and Natural Resources Office and to the provincial board, and municipal board or city council and barangay council affected, and copies thereof shall be posted on the bulletin board of the Community Environment and Natural Resources Office and at conspicuous places in the provincial building and at the municipal building and barangay halls or meeting place. It shall moreover be announced by government radio whenever available in each of the barrios of the municipality."

SEC. 3. Section 47, Chapter VIII of Commonwealth Act No. 141, as amended, is hereby further amended to read as follows:

"SEC. 47. The persons specified in the next following section are hereby granted time, not to extend beyond December 31, 2000 within which to take advantage of the benefit of this Chapter: Provided, That this period shall apply only where the area applied for does not exceed twelve (12) hectares:  Provided, further, That the several periods of time designated by the President in accordance with Section Forty-five of this Act shall apply also to the lands comprised in the provisions of this Chapter, but this section shall not be construed as prohibiting any of said persons from acting under this Chapter at any time prior to the period fixed by the President."

SEC. 4. Any law or executive order or part thereof contrary to or inconsistent with this Act is hereby deemed repealed accordingly.SEC. 5. If any provision of this Act or the applicability of such provision to any person or circumstances shall be held invalid, the validity of the remainder of this Act and the applicability of such provision to other persons or circumstances shall not be affected thereby.SEC. 6. This Act shall take effect fifteen (15) days after its publication in two national newspapers of general circulation.Approved,

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on January 24, 1990 and October 5, 1989, respectively.

Approved: March 28, 1990(Sgd.) CORAZON C. AQUINOPresident of the Philippines

Source: Supreme Court E-Library