Duterte signs law lifting restrictions on agricultural land patents

MANILA, Philippines — President Rodrigo Duterte has signed a law removing the Commonwealth-era restrictions on agricultural free patents.

Republic Act 11231 removes the restrictions on registration, acquisition, encumbrance, alienation, transfer and conveyance of land provided by certain provisions under the Commonwealth Act No. 141 or the Public Land Act.

Sen. Richard Gordon, sponsor of the bill, earlier explained that the Commonwealth Act “entitles any Filipino who have continuously occupied or cultivate a tract or tracts of agricultural public land subject to disposition” to have an agricultural free patent to his name, provided that the land does not exceed 24 hectares.

However, agricultural patent holders are “prohibited from mortgaging or selling their land within five years from the issuance of the patent, and given the right to repurchase the patents within five years from transfer or conveyances.”

The newly-signed law removes the restriction “to allow the effective utilization of these lands in order to contribute to wealth creation, entrepreneurship, and economic development.”

“Agricultural free patent shall now be considered as title in fee simple and shall not be subject to any restriction on encumbrance or alienation,” it read.

This law explicitly stated that it would have retroactive effect, thus any restriction regarding acquisitions, encumbrances, conveyances, transfers or dispositions imposed on agricultural free patents before the effectivity of the act is lifted.

The law was signed on Feb. 22, 2019 but a copy was made public on Thursday. It will take effect fifteen days after publication in the Official Gazette or in a newspaper of general circulation. — Kristine Joy Patag