72 OG No. 35, 8503 (August 30, 1976)

[ PRESIDENTIAL DECREE NO. 967, July 24, 1976 ]

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 NUMBER EIGHT, 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."

WHEREAS, Section 3 of Republic Act No. 477 provides. among
others, that the lands which are to be subdivided and redistributed through the
former National Abaca and Other Fibers Corporation in accordance with the sail
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 by drawing lots among qualified persons who may
apply for said lots;

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 cf 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 fcund
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 provisions 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;

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.

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:

SECTION 1. Section 3 of Republic Act No. 477 is hereby
amended to read as follows:

"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 Lands
Law are hereby authorized, ratified and confirmed; Provided, further, that
preference shall be given first to bonafide 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 lets.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."

SEC. 2. Section 8 of Republic Act No. 477 is hereby amended
to read as follows:

"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."

SEC. 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 maybe.

SEC. 4. This Decree shall take effect immediately. Done in
the City of Manila this 24th day of July in the year of Our Lord, nineteen
hundred and seventy-six.

	(Sgd.) FERDINAND E. MARCOSPresident of the Philippines
	By the President:
	(Sgd.) J. C. TUVERA
		Presidential Assistant.

Source: Supreme Court E-Library