Lito Atienza's Blog

DENR SECRETARY LITO ATIENZA WELCOMES SENATE AMENDMENTS TO THE FREE PATENT LAW | October 15, 2009

Environment and Natural Resources Secretary Lito Atienza (in tropical shirt) conveys to visiting World Bank (WB) and Australian Agency for International Development (AusAID) officials led by Keith Bell (3rd from right) the government’s sustained implementation of projects under the Land Administration and Management Project 2 (LAMP 2) funded by WB (US$19 million loan) and AusAID (Aus$34 million grant). Bell’s party paid a courtesy call on Atienza after a three-day mission last October to assess the implementation of LAMP 2’s key programs designed as a poverty alleviation tool through improved land distribution and titling system which includes the integration into a single agency of the Land Management Bureau and Land Management Services of the DENR, National Mapping and Resources Information Authority, Land Registration Authority and Registry of Deeds. Also in photo are AusAID Counselor Sam Sappio (2nd from right) and DENR Assistant Secretary for Local Government Concerns and Lands Gerardo Calderon (to Atienza’s left). (Photo by Jun Morales)

Environment and Natural Resources Secretary Lito Atienza (in tropical shirt) conveys to visiting World Bank (WB) and Australian Agency for International Development (AusAID) officials led by Keith Bell (3rd from right) the government’s sustained implementation of projects under the Land Administration and Management Project 2 (LAMP 2) funded by WB (US$19 million loan) and AusAID (Aus$34 million grant). Bell’s party paid a courtesy call on Atienza after a three-day mission last October to assess the implementation of LAMP 2’s key programs designed as a poverty alleviation tool through improved land distribution and titling system which includes the integration into a single agency of the Land Management Bureau and Land Management Services of the DENR, National Mapping and Resources Information Authority, Land Registration Authority and Registry of Deeds. Also in photo are AusAID Counselor Sam Sappio (2nd from right) and DENR Assistant Secretary for Local Government Concerns and Lands Gerardo Calderon (to Atienza’s left). (Photo by Jun Morales)

The DENR welcomes the reforms introduced by the Senate in the amendatory bill of the free patent law. The proposed reduction in the eligibility for land titling to 10 years will benefit thousands of landless Filipinos.

The Philippine Senate has once again ably responded to the call for social equity. No less than 39 million Filipinos will gain from this policy reform, especially the farmers whose only source of livelihood and pride is their small piece of land.

Aside from reducing the eligibility period, Senate Bill No. 3429 also extends the coverage of the free patent to residential and commercial land, provided the land does not exceed 1,000 square meters and has been determined by the local government as residential and/or commercial use and not needed for public service or public use.

Under Commonwealth Act (CA). No. 141, also known as the Public Land Act, the required period of occupancy is at least 30 years. The law likewise provides that any land patent shall be issued only to agricultural lands.

Extending the coverage of free patent to commercial and residential lands offers an efficient and effective land titling procedure that can be availed of by most of the residential landowners since this is inexpensive and affordable.

I expressed optimism of the bill’s passage into law because it is going to be a giant step forward in reforming the land administration and management program in the country. It will bolster the approval of other land-related laws such as the Land Administration and Reform Act (LARA) that will lay the foundation for a responsive and efficient land administration and management system in the country.

I would also like to acknowledge the leadership and persistence of the many individuals, organizations and policy makers namely Senator Richard Gordon and Congressman Antonio Cerilles who have championed the said legislation.

It is estimated that 46% of the 24.2 million parcels of land in the country remain untitled. Of these, 70% or 7.8 million are residential lands.

Most of the residential parcels in the country remained untitled because the current legal infrastructure limits the issuance of title over these lands either through judicial confirmation (PD 1529) or administratively through sales (CA 141).

Using these methods of land titling, Executive Director of the Land Administration and Management Project Phase 2 Samuel R. Peñafiel said that it would take 1,300 years to title the 7.8 million residential land parcels working on an average of 5,000 titles issued per year.

“It is in this perspective that amending certain provisions of the Public Land Act has been proposed to include residential lands in the administrative adjudication,” Peñafiel stressed.

Peñafiel also pointed out that the inclusion of residential and commercial lands in the free patent system would lessen complications arising from the transfer of land ownerships to heirs which often results in conflicting claims over a land parcel.

“Its implementation will surely facilitate the buying and selling of lands and, at the same time, open up wider access to title holders to credit facilities with their titles as collaterals.

The grant of free patent will also increase investments and entrepreneurial activities with the acquisition of capital through borrowings and contributes to better urban planning and development; and increases tax base for improved tax collection, Peñafiel said.

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