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REPUBLIC ACT NO. 3872 - AN ACT TO
AMEND SECTIONS FORTY-FOUR, FORTY-EIGHT AND ONE HUNDRED TWENTY OF
COMMONWEALTH ACT NUMBERED ONE HUNDRED FORTY-ONE, AS AMENDED, OTHERWISE
KNOWN AS THE "PUBLIC LAND ACT", AND FOR OTHER PURPOSES
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Section
1. A new paragraph is hereby added to Section 44 of
Commonwealth Act Numbered One Hundred Forty-One, to read as
follows:
"Sec.
44. Any natural-born citizen of the Philippines
who is not the owner of more than twenty-four hectares and who since
July fourth, nineteen hundred and twenty-six or prior thereto, 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, or 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
twenty-four hectares.
"A member of the national cultural minorities who has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of land, whether disposable or not since July 4, 1955, shall be entitled to the right granted in the preceding paragraph of this section: Provided, That at the time he files his free patent application he is not the owner of any real estate secured or disposable under this provision of the Public Land Law." Sec. 2. A new sub-section (c) is hereby added to Section 48 of the same Act to read as follows: "Sec.
48. The following-described citizens of the
Philippines, occupying lands of the public domain or claiming to own
any such lands or an interest therein, but whose titles have not been
perfected or completed, may apply to the Court of First Instance of the
province where the land is located for confirmation of their claims and
the issuance of a certificate of title therefor, under the Land
Registration Act, to wit:
"(a)
Those who prior to the transfer of sovereignty
from Spain to the United States have applied for the purchase,
composition or other form of grant of lands if the public domain under
the laws and royal decrees then in force and have instituted and
prosecuted the proceedings in connection therewith, but have, with or
without default upon their part, or for any other cause, not received
title therefor, if such applicants or grantees and their heirs have
occupied and cultivated said lands continuously since the filing of
their applications.
"(b) Those who by themselves or through their predecessors-in-interest have been, in continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title, except when prevented by war of force majeure. Those shall be conclusively presumed to have performed all the conditions essential to a government grant and shall be entitled to a certificate of title under the provisions of this chapter. "(c) Members of the national cultural minorities who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture, whether disposable or not, under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in sub-section (b) hereof". Sec. 3. Section 120 of the same Act is hereby amended to read as follows: "Sec.
120. Conveyance and encumbrance made by persons
belonging to the so-called "non-christian Filipinos" or national
cultural minorities, when proper, shall be valid if the person making
the conveyance or encumbrance is able to read and can understand the
language in which the instrument of conveyance or encumbrances is
written. Conveyances or encumbrances made by illiterate non-Christian
or literate non-Christians where the instrument of conveyance or
encumbrance is in a language not understood by the said literate
non-Christians shall not be valid unless duly approved by the Chairman
of the Commission on National Integration."
Sec. 4. Any Act, law, rule and regulation or executive order contrary hereto are hereby amended and/or repealed accordingly. Sec. 5. This Act shall take effect upon its approval. Approved: June 18, 1964 |
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