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."

• Number: Presidential Decree No. 967
• Sections: 5

Preamble

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 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."

Section 2

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."

Section 3

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.

Section 4

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. MARCOS

President of the

Philippines

By the President:

(Sgd.) J. C. TUVERA

Presidential

Assistant.