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PRESIDENTIAL DECREE NO. 967
PRESIDENTIAL DECREE NO. 967 -
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 477 ENTITLED "AN ACT TO
PROVIDE FOR THE ADMINISTRATION AND DISPOSITION OF PROPERTIES INCLUDING
THE PROCEEDS AND INCOME THEREOF TRANSFERRED TO THE REPUBLIC OF THE
PHILIPPINES UNDER THE PHILIPPINES PROPERTY ACT OF 1946 AND OF REPUBLIC
ACT NO. 8, AND OF THE PUBLIC LANDS AND IMPROVEMENT THEREOF TRANSFERRED
TO THE NATIONAL ABACA AND OTHER FIBERS CORPORATION UNDER THE PROVISIONS
OF EXECUTIVE ORDER NO. 29, DATED OCTOBER 25, 1946; AND OF EXECUTIVE
ORDER NO. 99, DATED OCTOBER 22, 1947"
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WHEREAS,
Section 3 of Republic Act No. 477 provides, among others, that the
lands which are to subdivided and redistributed through the former
National Abaca and Other Fibers Corporation in accordance with the said
Act, shall be sold by the aforesaid Corporation following the order of
preference specified therein, and that the subdivided lots which may
still be unoccupied shall be disposed of the drawing lots among
qualified persons who may apply for said lots; chanroblesvirtualawlibrary
WHEREAS, it has been observed that the provisions of Section 3 of the
aforementioned Republic Act, should now be amended because with the
dissolution of the National Abaca and Other Fibers Corporation, the
administrative functions, duties and responsibilities of the said
Corporation under Republic Act No. 477 have been transferred to the
Board of Liquidators and the disposition by the Board of Liquidators of
the subdivided lots which are unoccupied, under the provisions of
Republic Act No. 477, has been seriously hampered by the requirement
prescribed in the said section for the drawing of lots among qualified
applicants, which procedure of land disposal has been found to be
impractical, conducive to speculative schemes, and inconsistent with
the present national policy to hasten the redistribution of land for
the benefit of the landless people in the country.
WHEREAS, it has also been observed that one of the problems encountered
in the administration and disposition of lands under Section 3 of
Republic Act No. 477 is the fact that there is no provision in the said
section, or anywhere in the aforesaid Republic Act which authorizes the
disposition of lands and/or improvements thereon whose awards have been
properly cancelled, which situation prevents the speedy redistribution
of the lands and improvements mentioned and obstructs the attainment of
the objectives of the law;chanroblesvirtualawlibrary
WHEREAS, Section 8 of the same Republic Act imposes certain
restrictions on the lands acquired under the said Act, by providing
that such lands or any permanent improvements thereon shall not be
subject to encumbrance of alienation from the date of the award of the
land or the improvements thereon, and for a period of ten (10) years
from the date of the issuance of the certificate of title, which
restrictions on the right to alienate or encumber the lands and
permanent improvements acquired under the Act have worked to the
disadvantage of the people who are intended to be benefitted by the
same law by depriving them of the full enjoyment and utilization of
such property and are manifestly no longer justified by the present
circumstances;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree as follows: chanroblesvirtualawlibrary
Section 1. Section 3 of Republic Act No. 477 is
hereby amended to read as follows:cralaw:red
"Sec. 3. All lands so subdivided, except commercial
and industrial lots, shall be sold by the Board of Liquidators without
the sales application, publication and public auction required in
sections twenty-four, twenty- five, and twenty-six of Commonwealth Act
Numbered One Hundred Forty-One, as amended, to persons who are
qualified to acquire public agricultural lands; Provided, however, that
sales of such lands heretofore made by the National Abaca and Other
Fibers Corporation, without sales application, publication and public
auction as provided in the above-mentioned sections of the Public Land
Law are hereby authorized, ratified and confirmed; Provided, further,
that preference shall be given first to bona fide occupants thereof on
or before December twelve, nineteen hundred and forty-six but not later
than October thirty-one, nineteen hundred and sixty and who shall be
limited to the area they have actually and continuously improved and
maintained: Provided, finally, that the subdivided lots which may still
be unoccupied and/or where the awards thereof were cancelled and
nullified shall be disposed of through negotiated sale among qualified
persons who may apply for said lots."
Section 2. Sections 8 of the Republic Act No. 477 is
hereby amended to read as follows:cralaw:red
"Sec. 8. Any provision of law, executive order, rules
or regulations to the contrary notwithstanding, an applicant who has
acquired land pursuant to the provisions of this Act to whom a
certificate of title has been issued covering such land may sell, cede,
transfer, or convey his rights and interests therein, including the
permanent improvements on the land, to any interested party."
Section 3. Laws, orders, rules or regulations which
are inconsistent with the provisions and purposes of this Decree are
hereby repealed or modified as the case may be.
Section 4. This Decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila this
24th day of July in the year of Our Lord, nineteen hundred and
seventy-six.
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