President Rodrigo Duterte signed legislation to streamline and reduce the procedures for issuing deeds including imperfect titles for agricultural lands. A complete legal transfer of property in real estate entails not only a physical transfer but also a clear transfer of title. If the property has any flaws or other encumbrances, the seller cannot legally transfer complete ownership. Imperfect titles are those that are deficient and do not communicate the whole legal transfer of a piece of property.
Agricultural Lands With Defective Titles
The Republic Act (RA 11573), which took effect on July 16, 2021, modifies Commonwealth Act 141, also known as the Public Land Act, and Presidential Decree 15029, also known as the Property Registration Decree. This is to “simplify and eliminate uncertainty” in the interpretation of related and comparable land law legislation to include conditions to agricultural lands with defective titles.
The law governing land titles in the country requires the claimant to present a copy of their original classification that has been approved by the Secretary of Natural Resources (DENR Secretary), a certified copy from the City or Provincial Environment and Natural Resources Offices (CENRO/PENRO), and an official publication of the DENR Secretary’s issuance declaring that land is alien.
RA 11573 empowers the CENRO (or the PENRO) to expeditiously handle patent applications for agricultural lands.
Proposals Based On Sizes Of Agricultural lands
If the land size is less than five hectares, the CENRO is obliged to submit its proposal to PENRO. If the land size is more than ten hectares, the DENR Regional Director is responsible for referring the matter to the PENRO.
“Within five days of receipt or completion of processing of an application within the prescribed time limits, the Regional Director of PENRO, the Secretary of DENR, or the Secretary must accept or deny the request for an agricultural patent-free,” the new legislation said.
When several claimants make competing claims, parties may pursue appropriate administrative or judicial remedies.
Ownership Of Disposable Agricultural Lands
RA 11573 lowers the ownership and occupation terms of alienable lands and disposable agricultural lands from 74 to 20 years.
Additionally, it enables individuals who are owners of private properties, abandoned riverbeds, or any other kind of ownership within the terms of current laws to submit petitions with regional trial courts to have their rights realized.
“An official DENR geodetics engineer legally authorized to sign a certification that the land is within the public domain’s alienable and disposable agricultural land is adequate evidence that the property is alienable.”
According to the recently enacted legislation, such certification shall be included in an authorized survey plan that is filed to the land registration court.”
Sworn Declaration By Geodetic Engineers
The plan’s imprinting certification should contain the geodetic expert’s sworn evidence that the property is inside the alienable and disposable public lands. Additionally, it should include the relevant Forestry Administrative Orders, DENR Administrative Orders, Executive Orders, and Proclamations, as well as the Land Classification Project Map Number.
In the absence of accessible copies of the necessary papers, a sworn declaration must include the Project number and date of release on the land categorization map. This declaration should indicate that it is included in the National Mapping and Resource Information Authority’s Land Classification Map inventory and is used by the DENR.
Geodetic engineers who produce a projection map including false, incomplete, or unjustifiable data “willfully or by highly inexcusable carelessness” will face prosecution.
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Signing Of RA 11573 Into Law
RA 11573 requires the DENR to adopt implementing laws and regulations within 60 calendar days of the law’s effective date in order to carry out its provisions.
Wednesday marked the start of the law’s implementation. It was published in the Official Gazette or other publications of wide circulation.
RA 11575 Renaming Of Schools Also Signed Into Law
Duterte also approved legislation renaming and converting schools across the nation.
The Abra State Institute of Sciences and Technology is located in the towns of Lagangilag and Bangued. It will now be called the Abra University.
RA 11575 changes the name of Compostela Valley State College in Davao de Oro to Davao de Oro State College. Surigao del Sur University’s name is changed in RA 11584 to North Eastern Mindanao State University.
Bicol State Institution of Applied Sciences and Technology (Naga, Camarines Sur) has been elevated to the status of a state college according to Republic Act 11585. Southeast Asian University of Technology will be the school’s new name.
Additionally, RA 11586 establishes Agusan Del Sur State Institution of Agriculture and Technology in Bunawan, Agusan Sur as a state college and consolidates the Trento satellite school. Agusan Del Sur State University will be the school’s new name.
Occidental Mindoro State College is currently known as Occidental Mindoro State College.
RAs 115774 and 11575 were signed on July 30. However, RAs 12084, 11585, 11586, 11586, and 125787 were signed on July 30, 2021, by their respective RAs.
