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    Explanatory Note

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    Jasmine
    This document proposes amendments to existing land laws to grant the Secretary of Natural Resources the authority to cancel erroneously or illegally registered land patents without judicial intervention. Current laws require a lengthy judicial process initiated by the Solicitor General. Studies show this leads to costly and lengthy land disputes in the Philippines compared to neighboring countries. The proposed amendments aim to simplify the cancellation process and achieve speedy resolutions, allowing lands to be reverted to public use more quickly.

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    Explanatory Note

    Uploaded by

    Jasmine
    20 views4 pages
    This document proposes amendments to existing land laws to grant the Secretary of Natural Resources the authority to cancel erroneously or illegally registered land patents without judicial intervention. Current laws require a lengthy judicial process initiated by the Solicitor General. Studies show this leads to costly and lengthy land disputes in the Philippines compared to neighboring countries. The proposed amendments aim to simplify the cancellation process and achieve speedy resolutions, allowing lands to be reverted to public use more quickly.

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    This document proposes amendments to existing land laws to grant the Secretary of Natural Resources the authority to cancel erroneously or illegally registered land patents without judicial intervention. Current laws require a lengthy judicial process initiated by the Solicitor General. Studies show this leads to costly and lengthy land disputes in the Philippines compared to neighboring countries. The proposed amendments aim to simplify the cancellation process and achieve speedy resolutions, allowing lands to be reverted to public use more quickly.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    20 views4 pages

    Explanatory Note

    Uploaded by

    Jasmine
    This document proposes amendments to existing land laws to grant the Secretary of Natural Resources the authority to cancel erroneously or illegally registered land patents without judicial intervention. Current laws require a lengthy judicial process initiated by the Solicitor General. Studies show this leads to costly and lengthy land disputes in the Philippines compared to neighboring countries. The proposed amendments aim to simplify the cancellation process and achieve speedy resolutions, allowing lands to be reverted to public use more quickly.

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    APPENDIX I.

    PROPOSED LAW

    AN ACT
    GRANTING AUTHORITY TO THE SECRETARY OF NATURAL RESOURCES, IN HIS DISCRETION, TO
    CANCEL REGISTERED PATENTS, FURTHER AMENDING THE PURPOSE OF COMMONWEALTH
    ACT NO. 141, OTHERWISE KNOWN AS THE “PUBLIC LAND ACT”, AND PRESIDENTIAL DECREE
    NO. 1529, OTHERWISE KNOWN AS THE “PROPERTY REGISTRATION DECREE”, AS AMENDED

    EXPLANATORY NOTE

    This is a bill amending a provision of the Commonwealth Act No. 141, otherwise known
    1
    as the “Public Land Act”, which governs the disposition of lands of the public domain. Enacted

    in 1936, this 80-year old law contains a provision that can no longer address existing concerns

    brought about by globalization and technological innovation, such as the speedy cancellation of

    registered patents. For one, given that the Department of Environment and Natural Resources

    (DENR) is mandated to administer and manage public land disposition, its process of cancelling

    and reversing land titles is still being done through judicial process, which should be initiated by

    the Office of the Solicitor general. This process is circuitous, costly, and long.

    Several studies have already been conducted about this matter, and all revealed that

    the Philippines is indeed, lagging behind its neighboring countries in implementing strategies to
    2
    resolve said concern. ​A study titled ​Improving Land Sector Governance in the Philippines:

    Synthesis Report3, further specified that settling land disputes in the Philippines is both costly

    1
    ​Historical Background of Public Land Act or CA 141. (n.d.). Retrieved October 25, 2017, from
    https://www.batasnatin.com/law-library/civil-law/land-titles-and-deeds/1503-historical-background-of-public-lan
    d-act-or-ca-141.html
    2
    ​Improving Land Sector Governance in the Philippines: Synthesis Report, Eleazar, Floradema C.; Garcia, Brian;
    Guiang, Ernie; Herrera, Anabelle; Isorena Lina L.; Ravanera, Roel; and Serote, Ernesto.
    3
    Ibid.
    and lengthy. It further revealed that most of the cases decided by the Supreme Court took over

    twenty (20) years to be resolved with finality. ​As a result, the general public continually

    experiences a very slow pace of resolving their land cases, with the cases, sometimes, outliving

    the parties.

    Hence, this amendatory legislation deems to let the DENR have a more simplified

    system of cancelling and reversing land titles such as the one that the Department of Agrarian

    Reform has, as provided under Republic Act No. 9700, otherwise known as the “Comprehensive

    Agrarian Reform Program Extension with Reforms”. It seeks to achieve the following objectives:

    1. Formalize the transfer of jurisdiction to cancel registered patents from the

    Courts to the DENR; and,

    2. Grant pertinent authority to the Secretary of the DENR to order the Registry of

    Deeds to cancel erroneously and illegally registered patents without any need of

    judicial intervention.

    Furthermore, these amendments will not only address the necessary changes in the

    obsolete provisions of the Public Land Act, but will also help the Government create a more

    conducive and speedy process of cancelling and/or reversing land titles for the general public.

    Said amendments are also aligned with the DENR’s mandate of providing effective

    management and disposition of public lands. Hence, if this amendment will be passed, the

    lands that were erroneously and illegally disposed of will be reverted to the mass public in a

    speedy and economical way.


    With the foregoing backdrop and objectives in mind, the urgency of the amendments

    becomes apparent. It is hoped that these amendments will be given priority status.
    AN ACT GRANTING AUTHORITY TO THE SECRETARY OF NATURAL RESOURCES, IN HIS
    DISCRETION, TO CANCEL REGISTERED PATENTS, FURTHER AMENDING THE PURPOSE OF
    COMMONWEALTH ACT NO. 141, OTHERWISE KNOWN AS THE “PUBLIC LAND ACT”, AND
    PRESIDENTIAL DECREE NO. 1529, OTHERWISE KNOWN AS THE “PROPERTY REGISTRATION
    DECREE”, AS AMENDED
    Be it enacted by the Senate and House of Representatives of the Philippines in Congress
    assembled:

    SECTION 1. ​Jurisdiction of the DENR Secretary to cancel registered patents. – Section

    101 of Commonwealth Act No. 141 is hereby amended to read as follows:

    “Section 101. All cases involving the cancellation of title pursuant to patents are
    within the exclusive and original jurisdiction of the Secretary of the Department
    of Environment and Natural Resources.”

    SECTION 2. Implementing Rules and Regulations. – ​The Director of the Land

    Management Bureau and the Director of the Legal Service, Central Office, both of the

    Department of Environment and Natural Resources shall promulgate rules and regulations to

    carry out the provisions of this Act.

    SECTION 3. ​Repealing Clause. ​– ​All laws, decrees, executive order, executive issuances

    or letters of instruction, rules and regulations or any part thereof inconsistent with or contrary

    to provisions of this Act are hereby deemed repealed, amended or modified accordingly.

    SECTION 4. ​Separability Clause. – I​ f any portion or provision of this Act is declared

    unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in

    force and effect.

    SECTION 5. ​Effectivity Clause. – T​ his Act shall take effect fifteen (15) days after its

    publication in two (2) national newspapers of general education.

    Approved,

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