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PRESIDENTIAL DECREE NO. 1304
PRESIDENTIAL DECREE NO. 1304 -
AMENDING Section 2 OF PRESIDENTIAL DECREE NO. 967
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WHEREAS,
Section 2 of Presidential Decree No. 967 provides for an amendment to
the provisions of Sections 8 of Republic Act No. 477, which law is
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 Philippine Property Act of
1946 and of Republic Act No. 8, and of the Public Lands and
Improvements Thereon Transferred to the National Abaca and Other Fibers
Corporation Under the provisions of Executive Order No. 29 dated
October 25, 1946 and Executive Order No. 99 dated October 22,
1947; chanroblesvirtualawlibrary
WHEREAS, the amendment under Section 2 of Presidential Decree No. 967,
as expressed in the first preambulatory clause of the said Decree, is
purposely intended to remove the prohibitions or restrictions
prescribed under the original provisions of Section 8 of Republic Act
No. 477 against any form of alienation, encumbrance or disposition of
the lands acquired under the aforesaid act, including the permanent
improvements on such lands, and in effect to transfer full ownership of
these lands and improvements to the respective awardees;chanroblesvirtualawlibrary
WHEREAS, it has been noted however that the provisions of Section 8 of
R.A. 477 as amended by Section 2 of Presidential Decree No. 967 can not
be applied to transfers made prior to July 24, 1976, when Presidential
Decree No. 967 took effect, as these transfers were theretofore
unauthorized, and this situation has given rise to the proliferation of
speculative litigations, and actions affecting lands originally
acquired under R.A. No. 477, thus making it necessary and proper for
the government to adopt a remedial measure which would put an end to
the suits and litigations herein mentioned and settle definitely all
issues affecting the ownership of lands originally acquired under R.A.
No. 477 and illegally transferred or conveyed prior to July 24, 1976 on
the basis of the principle that stability of property ownership is an
imperative of economic development and social progress.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers in me vested by the
Constitution, hereby order and decree:cralaw:red
Section 1. Section 2 of Presidential Decree No. 967,
which amends Section 8 of Republic Act No. 477, is hereby amended to
read as follows:cralaw:red
"Sec. 2. Section 8 of 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 and 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; and all
previous sales, transfers, conveyances and encumbrances regarding such
land including the permanent improvements therein, made and consummated
prior to July 24, 1976, are hereby confirmed, ratified and
validated." chanroblesvirtualawlibrary
Section 2. All laws, decrees, executive orders, rules
and regulations which are inconsistent or conflict with the provisions
of this Decree are hereby repealed or modified accordingly.
Section 3. This decree shall take effect immediately.
Done in the City of
Manila, Philippines, this 24th day of February in the year of Our Lord,
nineteen hundred and seventy-eight.
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