The land used to form part of the Y.
Furukawa Daliao Plantation authorized, ratified and confirmed: Provided, further, That
which, after being turned over to the Philippine government,
was initially administered by the National Abaca and Other
Fibers Corporation (NAFCO) and, later, by the Board of
Liquidators (BOL), pursuant to Republic Act No. 477
As part of the Y. Furukawa Daliao Plantation which had been
turned over to the Republic of the Philippines in accordance
with the Philippine Property Act of 1946 and Republic Act No.
8, the disposition of the land in litigation by the BOL is clearly
governed Republic Act No. 477. As amended by Republic Act
No. 1970,[40] Section 1 of Republic Act No. 477 provides that
all lands which have been so transferred to the Republic of the
Philippines shall be subdivided into convenient sized lots,
except such portions thereof as the President of the Philippines
may reserve for the use of the National or Local government,
or the use of corporations or entities owned or controlled by
the government.[41] As amended by Presidential Decree No.
967,[42] on the other hand, Section 3 of the same law provides
that such lands of the public domain, except commercial and
industrial lots, shall be sold by the BOL to persons who are
qualified to acquire public lands,[43] giving preference first to
bona fide occupants thereof on or before 12 December 1946
but not later than 31 October 1960 and who shall be limited to
the area they have actually and continuously improved and
maintained.[44]
RA 477.
REPUBLIC ACT NO. 477 - 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. EIGHT, 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 OF EXECUTIVE ORDER NO. 99 DATED OCTOBER
22, 1947
Section 1. All lands which have been or may hereafter be
transferred to the Republic of the Philippines in accordance
with the Philippine Property Act of 1946 (Act of Congress of the
United States of July 3, 1946) and Republic Act Numbered
Eight and all the public lands and improvements thereon
transferred from the Bureau of Lands 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 shall be subdivided by the
National Abaca and Other Fibers Corporation into convenient-
sized lots, except such portions thereof as the President of the
Philippines may reserve for the use of the National or Local
governments, or for the use of corporations or entities owned
or controlled by the Government. Subdivision lots primarily
intended for, or devoted to, agricultural purposes shall not
exceed an area of five hectares for coconut lands, ten hectares
for improved abaca lands, and twelve hectares for unimproved
lands, urban homesite or residential lots shall not exceed an
area of one thousand square meters nor less than one hundred
fifty square meters.
Sec. 3. All lands so subdivided except commercial and
industrial lots shall be sold by the National Abaca and Other
Fibers Corporation without the sales application, publication
and the public auction required in sections 24, 25 and 26 of
Commonwealth Act No. 141, 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 the sales
application, publication and public auction as provided in the
above-mentioned sections of the Public Land Law are hereby
preference shall be given first to bona fide occupants thereof
on or before December 12, 1946 and second to veterans of the
last war, and to members of the guerrilla organizations and
other qualified persons who entered the land after December
12, 1946, but not later than December 31, 1948 and who shall
be limited to the area they have actually improved and
maintained: Provided, finally, 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.
Sec. 8. Except in favor of the Government or any of its
branches, units, or institutions, land acquired under the
provisions of this Act or any permanent improvements thereon
shall not be subject to encumbrance or alienation from the
date of the award of the land or the improvements thereon
and for a term of ten years from and after the date of issuance
of the certificate of title, nor shall they become liable to the
satisfaction of any debt contracted prior to the expiration of
such period.
Any occupant or applicant of lands under this Act who transfers
whatever rights he has acquired on said lands and/or on the
improvements thereon before the date of the award or
signature of the contract of sale, shall not be entitled to apply
for another piece of agricultural land or urban, homesite or
residential lot, as the case may be, from the National Abaca
and Other Fibers Corporation; and such transfer shall be
considered null and void.
REPUBLIC ACT NO. 1970
REPUBLIC ACT NO. 1970 - AN ACT TO AMEND SECTION ONE
OF REPUBLIC ACT NUMBERED FOUR HUNDRED SEVENTY-
SEVEN PROVIDING 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
NINETEEN HUNDRED AND FORTY-SIX AND OF REPUBLIC ACT
NUMBERED EIGHT AND ALL THE PUBLIC LANDS AND
IMPROVEMENTS THEREON TRANSFERRED TO THE NATIONAL
ABACA AND OTHER FIBERS CORPORATION UNDER THE
PROVISIONS OF EXECUTIVE ORDER NUMBERED TWENTY-NINE
DATED OCTOBER TWENTY-FIVE, NINETEEN HUNDRED AND
FORTY-SIX AND OF EXECUTIVE ORDER NUMBERED NINETY-
NINE DATED OCTOBER TWENTY-TWO, NINETEEN HUNDRED
AND FORTY-SEVEN
Section 1. Section one of Republic Act Numbered Four
hundred seventy-seven is amended so as to read as follows:
"Section 1. All lands which have been or may hereafter be
transferred to the Republic of the Philippines in accordance
with the Philippine Property Act of nineteen hundred and forty-
six (Act of Congress of the United States of July three, nineteen
hundred and forty-six, and Republic Act Numbered Eight and
all the public lands and improvements thereon transferred
from the Bureau of Lands to the National Abaca and other
Fibers Corporation under the provisions of Executive Order
Numbered Twenty-nine, dated October twenty-five, nineteen
hundred and forty-six), and of Executive Order Numbered
Ninety-nine, dated October twenty-two, nineteen hundred and
forty-seven, shall be subdivided by the National Abaca and
other Fibers Corporation into convenient-sized lots, except
such portions thereof as the President of the Philippines may
reserve or transfer title thereto for the use of the National or
local governments, or for the use of corporations or entities
owned or controlled by the Government. Subdivision lots
primarily intended for, or devoted to, agricultural purposes
shall not exceed an area of five hectares for coconut lands, ten
hectares for improved abaca lands, and twelve hectares for
unimproved lands; urban homesite or residential lots shall not
exceed an area of one thousand square meters nor less than
one hundred fifty square meters."
NOTE: Amendment pertained to spelled out numbers only.
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 No. 8,
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,
DatedOctober 25, 1946; And Of Executive Order No. 99,
DatedOctober 22, 1947"
WHEREAS, Sec. 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 benefited
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;
Sec. 2. Sections 8 of the 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 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."
PRESIDENTIAL DECREE No. 1304
Decree No. 967 cannot 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:
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:
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; 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.
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.

AMENDING SECTION 2 OF PRESIDENTIAL DECREE NO. 967

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;

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;

WHEREAS, it has been noted however that the provisions of

Section 8 of R.A. 477 as amended by Section 2 of Presidential