Redemption of agricultural lands covered by free patents
"I own a parcel of agricultural land, which I received through a free patent. After the lapse of five years, I sold the property to my neighbor with the intention of redeeming it within five years. However, I heard that there is a new law that removed the restrictions imposed on the transfer and conveyance of lands covered by free patents. I just want to know if my right to redeem the property was removed by this new law.
Section 4 of Republic Act (RA) 11231, otherwise known as the “Agricultural Free Patent Reform Act,” provides:“SEC. 4. This Act shall have retroactive effect and any restriction regarding acquisitions, encumbrances, conveyances, transfers or dispositions imposed on agricultural free patents issued under Section 44 of Commonwealth Act No. 141, as amended, before the effectivity of this Act shall be removed and are hereby lifted: Provided, That nothing in this Act shall affect the right of redemption under Section 119 of Commonwealth Act 141, as amended, for transactions made in good faith prior to the effectivity of this Act.” [Emphasis and underscoring supplied]
Conversely, Section 119 of Commonwealth Act (CA) 141 otherwise known as “The Public Land Act,” reads:“Section 119. Every conveyance of land acquired under the free patent of homestead provisions, when proper, shall be subject to repurchase by the applicant, his widow, or legal heirs, within a period of five years from the date of conveyance.”
Clearly, the right of redemption under Section 119 of CA 141 was not removed by RA 11231. In your situation, you mentioned that you sold your property before the effectivity of RA 11231, and after the lapse of the five year prohibitory period. Hence, you still have the right to redeem the said property in accordance with the above-mentioned laws.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to "
Please support us in writing articles like this by sharing this post
Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.
--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.
"Redemption of agricultural lands covered by free patents"
was written by Mary
under the Legal Advice
category. It has been read 177
times and generated 0
comments. The article was created on 15 September 2021
and updated on 15 September 2021