Republic of the Philippines

Congress of the Philippines

Metro Manila
Twelfth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two.

Republic Act No. 9176 November 13, 2002

AN ACT EXTENDING THE PERIOD UNTIL DECEMBER 31, 2020 FOR THE FILING OF
APPLICATIONS FOR ADMINISTRATIVE LEGALIZATION (FREE PATENT) AND JUDICIAL
CONFIRMATION OF IMPERFECT AND INCOMPLETE TITLES TO ALIENABLE AND
DISPOSABLE LANDS OF THE PUBLIC DOMAIN, AMENDING

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 45, Chapter VII of Commonwealth Act No. 141, as amended, is hereby further
amended to read as follows:

"Section 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 lands
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 31 December 2020: 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 take effect thirty (30)
days after the publication of the proclamation in one (1) 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 such conspicuous places in the
provincial capitol. It shall moreover be announced and aired over the government station in the
concerned local area."

Section 2. Section 47, Chapter VIII of the same ACT, as amended, is hereby further amended to
read as follows:

"Section 47. The persons specified in the next following section are hereby granted time, not to
extend beyond December 31, 2020 within which to avail of the benefits 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 said persons from acting under this Chapter at any time prior to the period fixed
by the President.

Section 3. All pending applications filed before the effectivity of this amendatory Act shall be treated
as having been filed in accordance with the provisions of this Act.

Section 4. Repealing Clause - All laws, decrees, executive orders, executive issuance 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 5. Separably 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 or provisions thereof not
affected thereby shall continue to be in full force and effect.

Section 6. Effectivity Clause - This Act shall take effect fifteen (15) days after its publication in two(2)
national newspaper of general circulation.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of
Representatives

This Act, which is a consolidation of House Bill No. 4628 and Senate Bill No. 1695 was finally passed
by the House of Representative and the Senate on September 2, 2002 and September 3, 2002
respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: November 13, 2002

GLORIA MACAPAGAL-ARROYO
President of the Philippines
 Republic of the Philippines
Congress of the Philippines
Metro Manila
Eighth Congress

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."

Section 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 (1) 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.t shall moreover be announced by
government radio whenever available in each of the barrios of the municipality."

Section 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."

Section 4. Any law or executive order or part thereof contrary to or inconsistent with this Act is
hereby deemed repealed accordingly.

Section 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 the persons or circumstances shall not be affected thereby.

Section 6. This Act shall take effect fifteen (15) days after its publication in two (2) national
newspapers of general circulation.

Approved: March 28, 1990

 JOINT DAR-DENR MEMORANDUM CIRCULAR NO. 14-97

TO : All DAR Regional Directors, All DENR Regional Executive, Directors All
PAROs, PENROs, MAROs, CENROs and Other Officials/Employees
Concerned
SUBJECT : Clarifying the Jurisdiction of the Department of Agrarian Reform (DAR) and
The Department of Environment and Natural Resources (DENR) on the
Disposition of Untitled Privately Claimed Agricultural Lands

I. PREFATORY STATEMENT

Section 4 of R.A. 6657, defines the scope of the Comprehensive Agrarian Reform Program
(CARP) to include all private and public agricultural lands. However, the Department of Agrarian
Reform (DAR) was uncertain as to whether this would include untitled privately claimed lands.

The DAR made a formal query with the Department of Justice (DOJ) as to whether or not
untitled privately claimed agricultural lands are covered under the CARP. The DOJ, in Opinion No.
176, Series of 1992, opined: HCEcAa

". . . Thus, it has been held that there should. be no distinction in the application of the law
where none is indicated therein (SSS vs. City of Bacolod, 115 SCRA 412), and that general words
and phrases in a statute should be accorded their natural and general significance (Lo Cham vs.
Ocampo, 779 Phil. (636)). By said rule, the term "private agricultural lands" in the aforequoted section
should be interpreted as including all private lands, whether titled or untitled. . . ."

In view of the above legal opinion, there is a need to clarify, the jurisdiction of the DAR and
the DENR in so far as the disposition of these lands is concerned. The DENR processes for
disposition landholding subject to administrative legalization (Free Patent) while the Courts process
judicial confirmation of imperfect or incomplete claims/titles under the criteria defined in R.A. 6940.
On the other hand, the DAR is likewise mandated underR.A. 6657 to distribute these landholding
under the CARP.

Inasmuch as the landholding subject to administrative legalization (Free Patent) by the DENR
and Judicial Confirmation of Imperfect Rights by the Courts constitute the same type being covered
by the DAR as untitled privately claimed agricultural lands, pursuant to criteria defined in R.A. 6940,
there is a need to delineate the responsibilities of the DAR and the DENR with respect to this land
type. Accordingly, this Joint Memorandum Circular is hereby promulgated for the information and
compliance by all concerned.

II. STATEMENT OF POLICIES

A. This Joint Circular shall apply to all untitled privately claimed public alienable and
disposable lands classified as such before April 16, 1960, except those excluded under E.O.
407, as amended and Section 15 of P.D. NO. 705, as amended.

B. The criteria specified in R.A. 6940 for the determination of whether or not a person has
already acquired a recognizable private right over a landholding shall be adopted, namely:

a. Continuous occupancy and cultivation by oneself or through one's predecessors-

in-interest for at least thirty (30) years prior to the effectivity of R.A. 6940 on April 16,
1990;

b. The land must have been classified as alienable and disposable for at least thirty
(30) years prior to the effectivity of R.A. 6940 on April 16, 1990;

c. One must have paid the real estate tax thereon; and

d. There are no adverse claims on the land.

C. All agricultural A & D lands classified as such after April 16, 1960 shall be under the
exclusive jurisdiction of the DENR, except those defined to be under DAR jurisdiction as
per Joint DAR-DENR Memorandum Circular No. 09, Series of 1995, or when turned over by the
 DENR to the DAR in the indigenous cultural community areas pursuant to the Supplemental
Agreement of December 23, 1994 between the DAR and the DENR Secretaries or any other
areas turned over by DENR to DAR.

D. All agricultural lands decided by the Courts as public lands in compulsory registration
proceedings or in voluntary land registration cases, even if classified as alienable and
disposable before, April 16, 1960, shall be under the exclusive jurisdiction of the DENR.

III. COVERAGE AND JURISDICTION

A. As a general rule, untitled public A & D lands are within the jurisdiction of DENR
pursuant to C.A. 141 (Public Land Act). However, the subject land is deemed "private" if all the
requisites enumerated in II-B of the Statement of Policies of this Circular have been complied
with. The required number of years is satisfied when consolidation of actual possession of the
public land claimant and his successor-in-interest will be equivalent to 30 years, or more.
A Free Patent for the retained area of not more than five (5) hectares shall be first
issued by DENR and then DAR shall immediately cover the excess area and issue a Certificate
of Land Ownership Award (CLOA) or Emancipation Patent, as the case maybe, except in cases
of hereditary succession wherein each heir is entitled to the five (5) hectare retention. TEcHCA

B. For untitled public A & D lands which are tenanted but lacks the required 30 year
possession, the disposition of the property shall be under the jurisdiction of the DENR, but
leasehold arrangement between the public land claimant and the tenants covered by the
pertinent agricultural laws, rules or regulations, shall be respected and documented by DAR. It
is the responsibility of DAR to protect and improve the tenurial and economic status of tenant-
tillers in agricultural lands within the retained areas and areas not yet acquired pursuant to R.A.
6657. Hence, the DAR shall determine and immediately fix the lease rental thereof in
accordance with Section 3 of R.A. 3844, as amended. DAR shall likewise periodically review
and adjust the rentals for all crops for all regions to improve the condition of the farmer-lessees.

C. If the public A & D land is not tenanted but has actual farm occupants, and the public
land claimant lacks the requisite 30 year possession, these landholding shall be under the
jurisdiction of the DENR. However, the proper tenurial instrument for the public land claimant
and/or the farmer occupant, homestead or whatever other form of tenurial instruments, shall be
applied.

IV. PROCEDURES

A. DENR and DAR shall jointly update the nationwide inventory of all untitled agricultural A
& D lands per landholding by Region by Province by Municipality by Barangay within six months
after the approval of this Joint Memorandum Circular.

B. In the conduct of the updating of inventory by the DENR and DAR, the identification of
what respectively belongs to DENR and DAR shall be firmed up and accordingly adjusted for
untitled A & D lands, before the DENR makes a turnover to DAR. Henceforth, the required
certifications per provisions of DAR-DENR-LBP Joint Circular. No. 12 maybe obtained only after
the official turn over by the DENR to the DAR.

C. The concerned Undersecretaries of DAR and DENR shall issue, whether individually or
jointly, more detailed guidelines to the field offices of each respective departments in order to
carry out the goals and objectives of this Memorandum Circular.

V. EFFECTIVITY
This circular shall take effect immediately.
Quezon City, March 31, 1997.

(SGD.) ERNESTO D. GARILAO

Secretary, DAR

(SGD.) VICTOR O. RAMOS

Secretary, DENR
 JOINT DAR-DENR MEMORANDUM CIRCULAR NO. 19-97

TO : All DAR Regional Directors

All DENR Regional Executive Directors
and DENR-LMS Regional Technical
Directors All PAROs, PENROs, MAROs,
CENROs and All Other Officials and
Employees concerned
SUBJECT : Guidelines to Implement the Joint
DAR-DENR Memorandum Circular
No. 14, Series of 1997 Regarding
Untitled Private Agricultural Lands

I. PREFATORY STATEMENT

Section IV-C of the Joint DAR-DENR Memorandum Circular No. 14, Series of 1997, issued
jointly by the DAR and the DENR Secretaries, authorized the concerned Undersecretaries of the DAR
and DENR to issue, whether individually or jointly, more detailed guidelines in order to carry out the
goals and objectives of the said Memorandum Circular.

Accordingly, these guidelines are hereby issued jointly by the DAR and DENR
Undersecretaries for the information and compliance of all concerned.

II. CLARIFICATION OF POLICIES

A. The DAR shall acquire the untitled landholding from the person with recognizable private
rights thereto using the criteria mentioned in Section II-B, Joint DAR-DENR Memorandum
Circular No. 14, Series of 1997, and after proper compensation to the said person and
segregation of the retention area, cause the distribution of the remaining area to the CARP
beneficiaries. However, if the said person had already exercised his retention rights over his
other titled agricultural lands, then all his remaining untitled agricultural lands shall be subject of
acquisition and distribution by the DAR under CARP; without prejudice to the rights of his
qualified children to acquire portions thereof as successors-in-interest thereto, pursuant to the
free patent provisions of the Public Land Act.

B. The legal requirement of continuous occupancy for at least thirty (30) years prior to 16
April 1990 is satisfied when the possession/occupancy of the present land claimant, when
tacked to that of his predecessors-in-interest will add up to thirty (30) years or more.

C. In the event that the present land claimant is unable to or refuses without the legal basis
to submit the necessary documents to establish the minimum thirty (30) years continuous
occupancy by himself and his predecessors-in-interest, the land shall be treated as ordinary
public A & D and no vested right shall be recognized. In which case, the DENR shall transfer
the same, if found to be suitable for agriculture, to DAR for CARP coverage.

D. Untitled A & D lands over which the land claimant lacks the required thirty (30) years or
more continuous occupancy, whether tenanted or not, shall be under jurisdiction of the DENR.

E. In the case of an entire municipality or portion thereof which was classified as A & D
after 16 April 1960, the MARO concerned shall immediately exclude from his land acquisition
and distribution (LAD) scope such landholdings as may be located therein and report the matter
to the DAR Undersecretary for Field Operations through the PARO and DAR Regional Director,
copy furnished the DENR CENRO.

F. All undeveloped A and D lands with eighteen percent (18%) slope and over shall remain
under the jurisdiction of DENR.

III. PROCEDURE

A. The DENR through CENRO, PENRO or RTD, as the case may be, shall make available
to DAR officials concerned such records as may be necessary, namely:
 1. The cadastral survey records and/or isolated survey records including list of
claimants;

2. Land classification maps; and

3. Other documents, data and/or information necessary to implement this circular.

B. The DAR, through its field offices, shall provide DENR through its field offices the list of
untitled properties identified and/or documented for CARP coverage and other documents and
data/information as may be necessary.

C. As soon as the DAR and DENR are able to jointly identify specific properties that may be
covered under the LAD component of CARP; the CENRO or RTD-LMS issues the certification
required under DAR-DENR-LBP Joint Memorandum Circular No. 12, Series of 1994 for the
landholdings concerned. Thereafter the MARO initiates the compulsory acquisition process for
the landholding concerned by sending the Advice of Coverage to the landowner, who shall have
the right to select his retention area, and completes the documentation for acquisition and
distribution.

D. DAR conducts the segregation survey of the retention area and the subdivision of the
remaining area for distribution and submits the survey returns to the DENR for verification and
approval.

E. DAR proceeds to generate CLOAs in accordance with existing guidelines, registers the
same in the Register of Deeds and distributes them to the agrarian reform beneficiaries.

F. DENR accepts the application for Free Patent from the occupant/land claimant covering
the retained area, processes the application and issues the land patent in due time. cACTaI

IV. EFFECTIVITY
This Circular shall take effect immediately.
Diliman, Quezon City, 21 May 1997.

(SGD.) HECTOR D. SOLIMAN

Undersecretary for FOG-SSO
DAR

(SGD.) VIRGILIO Q. MARCELO

Undersecretary for FO
DENR