An Act Improving the Confirmation Process for Imperfect Land Titles, Amending CA No. 141 (The Public Land Act) and PD No. 1529 (Property Registration Decree)

Case Overview and Summary

Summary of Republic Act No. 11573

Declaration of Policy (Section 1):
- The State aims to simplify, update and harmonize land laws to remove ambiguity.
- The State aims to provide land tenure security through judicial and administrative titling processes.

Amendments to the Public Land Act (Commonwealth Act No. 141):

- Qualifications for Agricultural Free Patent (Section 2):
-- Natural-born Filipino citizen
-- Not owning more than 12 hectares of land
-- Continuously occupied and cultivated alienable and disposable agricultural public lands for at least 20 years
-- Paid real estate tax on the land
-- Entitled to free patent not exceeding 12 hectares

- Application Process for Agricultural Free Patents (Section 3):
-- Applications filed with CENRO or PENRO
-- CENRO/PENRO to process within 120 days
-- Recommendation forwarded based on land area:
--- Below 5 hectares: to PENRO
--- 5 to 10 hectares: to DENR Regional Director
--- More than 10 to 12 hectares: to DENR Secretary
-- Approval or disapproval within 5 days of receiving recommendation
-- In case of conflicting claims, parties may seek administrative and judicial remedies

- Confirmation of Imperfect Titles (Section 5):
-- Petition for confirmation of claims and issuance of title may be filed in Regional Trial Court
-- Covers the following:
--- Open, continuous, exclusive, and notorious possession of alienable and disposable agricultural lands for at least 20 years under bona fide claim of ownership
--- Acquired ownership by accession or accretion
--- Acquired ownership in any other manner provided by law
-- Not exceeding 12 hectares

Amendments to the Property Registration Decree (Presidential Decree No. 1529) (Section 6):
- Allows application for registration of title to land not exceeding 12 hectares in the Regional Trial Court for:
-- Open, continuous, exclusive, and notorious possession of alienable and disposable lands for at least 20 years under bona fide claim of ownership
-- Acquired ownership by accession or accretion
-- Acquired ownership in any other manner provided by law

Proof of Alienable and Disposable Land (Section 7):
- For judicial confirmation, a certification by a DENR geodetic engineer that the land is alienable and disposable is sufficient proof.
- Certification must be imprinted on the approved survey plan with sworn statement and details.

Penalties (Section 8):
- Fine of P100,000 to P500,000 or imprisonment of 6 months to 6 years, or both, for:
-- Geodetic engineer preparing projection map with false, fraudulent, or incomplete data
-- DENR official certifying and approving such projection map

Removal of Restrictions (Section 9):
- Provisions of Republic Act No. 11231 shall apply to Free Patents issued under this Act.

Implementing Rules and Regulations (Section 10):
- DENR Secretary to promulgate implementing rules and regulations within 60 days from effectivity of the Act.