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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Yes. Under the old law, alienation of lands acquired under free patent is prohibited within 5 years from its grant. Whereas, under the new law, agricultural free patent shall now be considered as title in fee simple and shall no longer be subject to any restriction on encumbrance or alienation. This rule applies retroactively. (Section 3, Agricultural Free Patent Reform Act)
Under the new law, Republic Act No. 11231 or the Agricultural Free Patent Reform Act, the policy of the state is to remove the restrictions on free patent to allow the efficient and effective utilization of lands in order to contribute to wealth creation, entrepreneurship and economic development.
In the amendment, agricultural free patent shall now be considered as title in fee simple and shall no longer be subject to any restriction on encumbrance or alienation. This rule has retroactive effect. Thus, any restrictions regarding acquisition, encumbrances, conveyances, transfers or dispositions imposed on agricultural free patents issued under Commonwealth Act No. 141 shall be removed and immediately lifted. (Section 4, Agricultural Free Patent Reform Act)
Read also; WHAT ARE PATENTS?
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