Pahibalo

:

Ang pagpa-titulo ug yuta sa DENR singkwenta pesos (PhP 50.00) lang ang bayad.

Or

Package: PhP 185.00 - apil na ang application fee, stamp, clearance

Dili na ka kinahanglan magbayad ug tag 10,000 o 20,000...

Walay bayad ang survey kay ginabayaran na sila sa gobyerno.

(Kini nga impormasyon ang gusto ipahibalo sa bag-o nga DENR Caraga Regional Director Charlie E. Fabre sa tanang katawhan)

#socialjustice

Update as of 7 Feb 2017 6:11 AM: Dili nako matubag tanan ninyong pangutana mao nga nagresearch ko ug nakita nako ni nga blog
ni Atty. Laserna. Medyo taas-taas ni basahon:

Titling of public lands

For purposes of legal research of foreign readers visiting this blog, on the subject of the legal system involving the titling of public
lands in the Philippines, may I share some basic readings thereon as published in the website of the Department of Environment and
Natural Resources (www.lmb.denr.gov.ph). I have also added a relevant 1999 Supreme Court decision on the same subject matter.

Frequently Asked Questions

How can one acquire TITLE?
For original registration, when no title has yet been issued over a parcel
of land, it can be acquired either by:
1. Judicial proceedings - by filing petition for registration in Court.
2. Administrative proceedings - filing an appropriate application for
patent (e.g. homestead) in the Administrative body (DENR) and
registration of this patent becomes the basis for issuance of the
Original Certificate of Title by the Register of Deeds.

What are the main classification of lands as to ownership?
1. Private properties - those which are titled.
2. Public lands - those which have not been titled as
well as those public dominion or outside the commerce
of man such as road, public plaza and rivers.

What are Public Lands?
All Lands that are not acquired by private person or corporation, either by grant or purchase are public lands. The common
understanding therefore, is that all lands which have no title or not registered to private individual are public land. These are
grouped into:
1. Alienable or disposable (A & D Lands) - those that can be acquired or issued title. Our constitution provides that only agricultural
lands can be disposed of to private citizens.
2. Non-alienable lands - includes timber or forest lands, mineral lands, national parks. No title can be issued over any portion within
this area.

What are the modes of disposition or how can one acquire title over A&D lands? The modes are:
1. by Homestead Patent
2. by Sales Patent
3. by Lease
4. By Free Patent or Administrative legalization

What are the evidence or proof of ownership over a parcel of land?
The best evidence of ownership is the certificate of title duly issued by the Register of Deeds concerned. However, in the absence of

The possessor must strive to acquire title to the land before his possession can become permanent. This will be submitted to the Register of Deeds concerned. In case the registered owner dies. it can be acquired either by: 1. the heirs can transfer the title to themselves by executing an extra-judicial settlement of the estate. Their possession is not permanent and has no legal basis for occupation. who shall have a better right? In cases where both claimants have no title. The applicant for a free patent must comply with the following qualifications: 1. He must be a natural born citizen of the Philippines. Posting of notice for two (2) consecutive weeks in the provincial capitol or municipal building and barangay hall concerned. How can one acquire TITLE? For original registration. 2. how can ownership be transferred to the heirs? When a registered owner died without leaving a last will and testament.g. 4.filing an appropriate application for patent (e. all factors must be fully evaluated to determine preferential rights. The one who occupies the land especially in good faith has better right as against someone with doubtful documents or has recently acquired rights without knowledge of the one in possession. Filing of application. 2. ownership implies the legal right of possession. provided he is duly represented by his natural parents or legal guardian and has been occupying and cultivating the area applied for either by himself or his predecessor-in-interest The following are the steps leading to the approval and issuance of a free patent: 1. when no title has yet been issued over a parcel of land.. However. Order of approval of application and issuance of patent.by filing petition for registration in Court.a title. 6. what are necessary to effect the same? Transfer of title is effected by executing a document such as deed of sale wherein the registered owner (seller) transfer the ownership to a buyer. 5. If there is conflict and heirs can not agree. Agricultural public lands classified as alienable and disposable are subject for disposition under Free Patent. Preparation of Patent in Judicial Form 54 and 54-D and the technical description duly transcribed at the back thereof. Possession means actual and exclusive control of property by physical occupation and this could be in good faith or in bad faith. Investigation. Administrative proceedings . 1990 by the applicant or his predecessors-in-interest and shall have paid the real estate tax thereon. tax declaration coupled by actual possession and existence of improvement also substantiate claim for ownership. Subsequent registration of title is a function and jurisdiction of the Register of Deeds under the LRA as the land involved is already a private property outside the jurisdiction of the DENR. control and enjoyment by the owner who has established evidence that he owns the property. On the other hand. 2. 4. thru the administrative confirmation of imperfect and incomplete title. In subsequent registration of Title. The land must have been occupied and cultivated for at least thirty (30) years prior to April 16. What is a TITLE? A title refers to the legal right to own a property and the certificate of title is the document which confers such right of ownership to an individual. on condition that the heirs are in agreement of how to dispose the properties. 3.. A minor can apply for a free patent. He must not be the owner of more than twelve (12) hectares of land. In cases where there are conflicting claims. 3. . Judicial proceedings . together with the title which will be surrendered for issuance of a new title in the name of the buyer. Transmittal of the Free Patent to the Register of Deeds concerned for the issuance of the corresponding Original Certificate of Title.. homestead) in the Administrative body (DENR) and registration of this patent becomes the basis for issuance of the Original Certificate of Title by the Register of Deeds. FREE PATENT A free patent is a mode of acquiring a parcel of alienable and disposable public land which is suitable for agricultural purposes. they should bring a case before the court which will make a decision for them. Informal settlers are those in possession of land without the benefit of a title and without consent of the owner. there are many factors to consider like actual possession. Is possession the same as ownership? Who are informal settlers?? No. The capital gains tax and other taxes must be paid before clearance can be secured from the BIR. association or corporation.

This is in accordance with Article II. Notice of intention to make Final Proof which is posted for 30 days. Order of Issuance of Patent. applicant must be the head or bread winner of the family. Approval of application. Final fee of P5. More than 5 Ha.denr. a. He is not the owner of a home lot in the municipality/city where the land applied for is located. Transmittal of the Homestead patent to the Register of Deeds concerned. (See: http://lmb. if single. 7.The following officials of the Department of Environment and Natural Resources (DENR) are authorized to approve applications for homestead and free patents: 1. Approved plan and technical description of the land applied for. . 6. . Over 18 years old or head of the family. to 10 Ha. Entry fee of P5.html). Where should Homestead Application be filed? A Homestead application like any other public land applications should be filed at the DENR-Community Environment and Natural Resources Office where the land being applied for is located. 7192 otherwise known as the "Women in Development and Nation Building Act" as implemented by DAO No. Up to 5 hectares – Provincial Environment and Natural Resources Officer (PENRO) 2.ph/free. b. Who are Qualified to Apply? A Filipino citizen of lawful age. 3. Application fee of P50. He must have occupied in good faith the land applied for and constructed a house thereon where he/she and family is actually residing. Signing and Approving Authority For Homestead and Free Patents: Up to 5 hectares (has.DENR Secretary MISCELLANEOUS SALES PATENT REPUBLIC ACT NO. to 10 Has. 4. . Preliminary Investigation. Actual occupation and residence by the applicant. 2002 issued by the then Secretary of the Department of Environment and Natural Resources Heherzon T. 5.RED More than 10 Has. 730 is an act permitting sale without public auction of alienable and disposable lands of the public domain for residential purpose. acceptance. 3.PENRO More than 5 Has.00.gov. HOMESTEAD PATENT Homestead Patent is a mode of acquiring alienable and disposable lands of the public domain for agricultural purposes conditioned upon actual cultivation and residence.00. 98-15 of May 27. 3. 2. Testimony of the homesteader corroborated by two (2) witnesses mentioned in the notice. 4. equal right as men in filing. Not the owner of more than 12 hectares of land pursuant to the 1987 constitution Can a married woman make a Homestead entry? A married woman can now apply for a patent application under DAO-2002-13 dated June 24.) . The application to purchase the land is called the Miscellaneous Sales Application and the corresponding patent is called the Miscellaneous Sales Patent. Legal Requirements 1. – Regional Executive Director of the DENR. 67 and 67-D and the technical description duly inscribed at the back thereof. Confirmatory Final Investigation. Steps leading to the issuance of a Homestead patent 1. Preparation of patent using Judicial Form No. married. 2. Filing of final proof which consists of two (2) parts. Alvarez. Section 14 of the Constitution and Republic Act No. Who are qualified to apply 1. Citizens of the Philippines. processing and approval of public land applications. The Final Proof is filed not earlier than 1 year after the approval of the application but within 5 years from the said date.00. This Administrative Order gives women. 8. Filing of application. 5. 1998 on "Revised Guidelines on the Implementation of Gender and Development (GAD) Activities in the DENR". 2.

A. Order issuance of Miscellaneous Sales Patent in Judicial Form No.h… . Survey of the land if not yet surveyed.00. No.000 square meters. investigation and appraisal of the land applied for. Presidential Decree No. No. http://attylaserna. Posting of notice of sale without public auction for thirty (30) consecutive days in the following places: CENRO Bulletin board Municipal building bulletin board Barangay Hall bulletin board On the land itself Submission of the proofs of posting and payment of at least 10% of the appraised value of the land. 730.com/…/titling-of-public-lands. 167 with the technical description duly inscribed at the back thereof. Approval of appraisal and grant of authority to sell by the PENRO. Transmittal of the Miscellaneous Sales Patent to the Register of Deeds concerned for the issuance of the corresponding Original Certificate of the Title to the applicant. Recommendation to the PENRO for approval of appraisal and request for authority to sell without public auction. Affidavit of the applicant stating that: He is not the owner of any other home lot in the municipality/city where he resides.blogspot. lands acquired under this Act before and after the issuance of patent thereon are no longer subject to any restriction.Requirements in the filing of a Miscellaneous Sales Application under R. Comment and recommendation of the District/City engineer with the concurrence of the Regional Director. Proof of full payment of the purchase price of the land. He is requesting that the land be sold to him under the provision of R. Investigation report whether the applicant possesses the qualification for direct sales. A. 1985 amended Section 2 of Republic Act 730 thus. If the applicant is single. Maximum area that may be granted to an applicant The applicant can only be granted a maximum area of 1. 2004 dated December 30. Approval and signature of the Miscellaneous Sales Patent by the official concerned. Order of Award. Department of Public works and Highways. Approved plan and technical description of the land applied for. Steps in Acquiring a Miscellaneous Sales Patent Filing of application at the CENRO. he must submit an affidavit stating that he is the head or bread winner of the family. 730 Application Filing fee of P50. The land is not needed for public use.