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
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.
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
President of the Philippines
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