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Mga Batas Pambansa : MGA BATAS PAMBANSA
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BATAS PAMBANSA BILANG. 223BATAS PAMBANSA BLG. 223 - AN ACT
TO HASTEN TITLING OF RESIDENTIAL LANDS OF THE PUBLIC DOMAIN BY
AUTHORIZING THE GRANT OF FREE PATENT UNDER CERTAIN CONDITIONS AND
PROVIDING FOR EXPEDITIOUS CADASTRAL AND OTHER JUDICIAL PROCEEDING WITH
RESPECT THERETO AND FOR OTHER PURPOSES
Section 1. The
provisions of any law, rules or regulations to the contrary
notwithstanding, any citizen of the Philippines who is not a registered
owner of a residential land in the same municipality and who, since
June 12, 1945 or prior thereto, either by himself or through his bona
fide predecessor-in-interest, has been actually residing on, and
continuously possessing and occupying, under a bona fide claim of
acquisition of ownership, a parcel of residential land of the public
domain, which is alienable or disposable, and who has paid all the real
estate taxes thereon since June 12, 1945 or prior thereto, shall upon
application, be entitled to have a free patent issued to him for such
parcel of land not to exceed three thousand square meters: Provided,
That the land applied for is not needed for the public service or
public use: Provided, further, That no free patent shall be issued for
residential lands located in cities, in capitals of provinces, in first
class, second class third class, and fourth class municipalities, and
in townsite reservations established under Chapter XI of the Public
Land Act: Provided, finally, That none of the provisions of
Presidential Decree No. 705 are violated by the issuance of such
patent.
Sec. 2. The application shall be accompanied with
a map and technical description of the land applied for, along with
supporting affidavits of two (2) disinterested persons who are
residents of the 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 since June 12, 1945 or prior thereto, and has complied
with the requirements prescribed in Section One hereof.
All applications for free patent under this Act shall be filed on or
before December 31, 1987.
The provisions of Section Two and Three of Republic Act Numbered Seven
hundred eighty-two and pertinent provisions of Chapter XIV, Title VI of
Commonwealth Act Numbered One Hundred forty-one, as amended, shall
apply to free patent applications filed under the provisions of this
Act.
Legal restrictions on free patent granted over agricultural lands shall
likewise apply to free patent granted under this Act.
The Minister of Natural Resources shall, upon the recommendation of the
Director of Lands, promulgate such rules and regulations and prescribed
such reasonable fees as may be necessary to carry out the provisions of
this Act.
Sec. 3. In order to hasten the settlement and
adjudication of land titles over alienable and disposable lands of the
public domain in cadastral proceedings and to support, among other
objectives, the land reform and the housing programs of the government,
the Director of Lands shall immediately institute cadastral proceedings
within sixty days from the approval of this Act in all cities, capitals
of provinces, and first class, second class, third class, and fourth
class municipalities that have been subjected to cadastral
survey.
In all other areas, the Director of Lands shall commence survey and
make plans preparatory to the institution of cadastral proceedings
within six months from approval of this Act, and shall institute
cadastral proceedings within sixty days from the completion of the
survey.
The Land Registration Commission (National Land Titles and Deeds
Registration Administration) shall issue the decree of registration
within thirty days from receipt of the copy of the order for the
issuance of the decree.
Sec. 4. Any violation of the provisions of this
Act or of the rules and regulations promulgated thereunder shall
subject the offender to the same penalties provided for in the Public
Land Act.
Sec. 5. This Act shall take effect upon its
approval.
Approved: April 16, 1982. (P.B.
No. 80)
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