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Free Patent

Qualifications - Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent
Title under this Act, provided that in highly urbanized cities the land should not exceed two hundred (200)
square meters; in other cities it should not exceed five hundred (500) square meters; in first class and second
class municipalities it should not exceed seven hundred fifty (750) square meters; and in all other municipalities
it should not exceed one thousand (1000) square meters; provided further, that the land applied for is not needed
for public service and/or public use.

Coverage. - This Act shall cover all lands that are zoned as residential areas, including town sites as defined
under the Public Land Act; Provided, That none of the provisions of Presidential Decree No. 705 shall be
violated.
Zoned residential areas located inside a delisted military reservation or abandoned military camp, and those of
local government units or town sites which preceded Republic Act No. 7586 or the NIPAS Law, shall also be
covered by this Act.

Application. - The application on the land applied for shall be supported by a map based on an actual survey
conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural
Resources (DENR) and a technical description of the land applied for together with supporting affidavit of two
(2) disinterested persons who are residing in the barangay of the city or municipality where the land is located,
attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by
himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied,
under a bona fide claim of acquisition of ownership, the subject land for at least ten (10) years and has complied
with the requirements prescribed in Section 1 hereof.

Special Patents. - Notwithstanding any provision of law to the contrary and subject to private rights, if any,
public land actually occupied and used for public schools, municipal halls, public plazas or parks and other
government institutions for public use or purpose may be issued special patents under the name of the national
agency or local government unit concerned; Provided, That all lands titled under this section shall not be
disposed of unless sanctioned by Congress if owned by the national agency, or sanctioned by the sanggunian
concerned through an approved ordinance if owned by the local government unit.

Removal of Restrictions. - The restrictions regarding encumbrances, conveyances, transfers or dispositions


imposed in Sections 118, 119, 121, 122, and 123 of Chapter XIII, Title VI of Commonwealth Act No. 141, as
amended, shall not apply to patents issued under this Act.

Period for Application. - All applications shall be filed immediately after the effectivity of this Act before the
Community Environment Natural Resources Office (CENRO) of the DENR. The CENRO is mandated to
process the application within one hundred and twenty (120) days to include compliance with the required
notices and other legal requirements, and forward his recommendation to the Provincial Environment Natural
Resources Office (PENRO), who shall have five (5) days to approve or disapprove the patent. In case of
approval, patent shall be issued; in case of conflicting claims among different claimants, the parties may seek
the proper judicial remedies.

Implementing Rules and Regulations. - The Director of the Land Management Bureau of the DENR shall
promulgate rules and regulations to carry out the provisions of this Act, and shall see to it that such are gender
responsive.

Repealing Clause. - All laws, decrees, executive orders, executive issuances or letters of instruction, rules and
regulations, or any part thereof, inconsistent with or contrary to the provisions of this Act, are hereby deemed
repealed, amended or modified accordingly.

Separability Clause. - If, for any reason or reasons, any part or parts of this Act shall be declared
unconstitutional or invalid by any competent court, other parts or provisions thereof not affected thereby shall
continue to be in full force and effect.

Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in two (2) national
newspapers of general circulation.
Approved:

Homestead Patent
is a mode of acquiring alienable and disposable lands of the public domain for agricultural purposes conditioned
upon actual cultivation and residence.

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.

Who are qualified to apply?


1. Citizens of the Philippines.
2. Over 18 years old or head of the family.
3. 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, 2002 issued by
the then Secretary of the Department of Environment and Natural Resources Heherson T. Alvarez. This is in
accordance with Article II, Section 14 of the Constitution and Republic Act No. 7192 otherwise known as the
"Women in Development and Nation Building Act" as implemented by DAO No. 98-15 of May 27, 1998 on
"Revised Guidelines on the Implementation of Gender and Development (GAD) Activities in the DENR". This
Administrative Order gives women, equal right as men in filing, acceptance, processing and approval of public
land applications.

Legal Requirements?

1. Application fee of P50.00;


2. Entry fee of P5.00;
3. Final fee of P5.00;
4. Approved plan and technical description of the land applied for;
5. Actual occupation and residence by the applicant;

Steps leading to the issuance of a Homestead patent?

1. Filing of application;
2. Preliminary Investigation;
3. Approval of application;
4. Filing of final proof which consists of two (2) parts;

a. Notice of intention to make Final Proof which is posted for 30 days.


b. Testimony of the homesteader corroborated by two (2) witnesses mentioned in the notice.
The Final Proof is filed not earlier than 1 year after the approval of the application but within
5 years from the said date.

5. Confirmatory Final Investigation;


6. Order of Issuance of Patent;
7. Preparation of patent using Judicial Form No. 67 and 67-D and the technical description duly
inscribed at the back thereof;
8. Transmittal of the Homestead patent to the Register of Deeds concerned.

Signing and Approving Authority?


For Homestead and Free Patents:
1. Up to 5 hectares (has.) - PENRO
2. More than 5 Has. to 10 Has. - RED
3. More than 10 Has. - DENR Secretary

Miscellaneous Sales Patent


REPUBLIC ACT NO. 730 is an act permitting sale without public auction of alienable and disposable lands of
the public domain for residential purpose.

The application to purchase the land is called the Miscellaneous Sales Application and the corresponding patent
is called the Miscellaneous Sales Patent.

WHO ARE QUALIFIED TO APPLY?

1. A Filipino citizen of lawful age, married; if single, applicant must be the head or bread winner of
the family;
2. He is not the owner of a home lot in the municipality/city where the land applied for is located;
3. He must have occupied in good faith the land applied for and constructed a house thereon where
he/she and family is actually residing.

REQUIREMENTS IN THE FILING OF MISCELLANEOUS SALES APPLICATION UNDER R.A. NO.


730

1. Application Filing fee of P50.00;


2. Approved plan and technical description of the land applied for;
3. Affidavit of the applicant stating that:

A. He is not the owner of any other home lot in the municipality/city where he resides.
B. He is requesting that the land be sold to him under the provision of R. A. No. 730.

4. If the applicant is single, he must submit an affidavit stating that he is the head or bread winner of the family;
5. The land is not needed for public use.

MAXIMUM AREA THAT MAY BE GRANTED TO AN APPLICANT

The applicant can only be granted a maximum area of 1,000 square meters.

Presidential Decree No. 2004 dated December 30, 1985 amended Section 2 of Republic Act 730 thus, lands
acquired under this Act before and after the issuance of patent thereon are no longer subject to any restriction.

STEPS IN ACQUIRING A MISCELLANEOUS SALES PATENT

1. Filing of application at the CENRO;


2. Investigation and appraisal of the land applied for;
3. Survey of the land if not yet surveyed;
4. Investigation report whether the applicant possesses the qualification for direct sales;
5. Comment and recommendation of the District/City engineer with the concurrence of the Regional
Director, Department of Public works and Highways;
6. Recommendation to the PENRO for approval of appraisal and request for authority to sell without
public auction;
7. Approval of appraisal and grant of authority to sell by the PENRO;
8. Posting of notice of sale without public auction for thirty (30) consecutive days in the following
places:
A. CENRO Bulletin board
B. Municipal building bulletin board
C. Barangay Hall bulletin board
D. On the land itself
9. Submission of the proofs of posting and payment of at least 10% of the appraised value of the
land;
10. Order of Award;
11. Proof of full payment of the purchase price of the land;
12. Order issuance of Miscellaneous Sales Patent in Judicial Form No. 167 with the technical
description duly inscribed at the back thereof;
13. Approval and signature of the Miscellaneous Sales Patent by the official concerned;
14. 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.

Patrimonial Properties
Lands of certain haciendas which were acquired by the government from religious orders/corporations or
organizations in 1902.

Who are qualify to apply?

Any Filipino citizen of legal age.

Who Shall be given preference to purchase Friar or Patrimonial Lands?

Those who are in actual occupation of the land during the subdivision survey thereof. (CA 36 dated September
15, 1936 as implemented by LAO No. 10, dated December 8, 1936).

Where should a Friar Land application be filed?

Friar land applications like any other kind of public land application should be filed at the CENRO within
whose jurisdiction the land applied for is located.

What are the requirements/documents necessary in the filing of a Friar Land Application?

1. Application fee of P50.00 and documentary stamps;


2. Vicinity sketch plan, approved plan and technical
3. descriptions of the land applied for;

What are the steps leading to the issuance of a Deed of Conveyance/Sale?

1. Survey of the land if not yet surveyed or subdivided;

2. Filing of Friar land application at the CENRO within the whose jurisdiction the land applied for is located; if
the applicant is not qualified under the private sale CENRO shall announce by bandillo in coordination with the
mayor of the municipality where the land is located;

3. Conduct preliminary investigation (Information sheet) and appraisal of the land applied for;

4. Recommendation for the approval of appraisal and request for authority to sell the land at private sale or
public auction thru oral bidding to the Director of Lands Management Bureau;

5. Approval of appraisal and grant of authority to sell at private sale or public auction thru oral bidding by the
Director of Lands Management Bureau;

6. Posting of notice of sale for not less than thirty (30) days at the bulletin boards of the following:
a. Municipal Hall
b. Barangay Hall, and
c. If practicable, on the land itself

7. Private sale or public auction thru oral bidding to be conducted by the CENRO concerned;

8. Submission of report of private sale or bidding and proofs of posting and payment of at least 10% of the
purchase price of the land applied for;

9. Preparation and approval of sales contract by the Director of Lands Management Bureau and the purchaser
and its notarization;

10. Submission of proof of payment of the full purchase price of the land;

11. Conduct of final investigation and submission of report by the CENRO;

12. Preparation of the deed of conveyance/sale in favor of the purchaser with the technical descriptions
inscribed at the reverse side thereof;

13. Approval of the deed of conveyance/sale by the Director of Lands Management Bureau and its notarization
thereof;

14. Transmittal of the original copy of the deed of conveyance/sale duly numbered and bearing the seal of the
LMB to the Register of Deeds concerned for the issuance of the corresponding Transfer Certificate of Title to
the purchaser.
PATENT

WHEN GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:


1. Deed of conveyance issued by government patent/grant

2. Registered with ROD mandatory: operative act to convey & transfer title

3. Actual physical possession, open & continuous

Land ceased to be part of public domain & now ownership vests to the grantee

Any further grant by Government on same land is null & void

Upon registration, title is indefeasible

TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT


1. Indefeasible when registered, deemed incorporated with Torrens system; 1 year after issuance of patent

2. May not be opened one year after entry by LRA; otherwise, confusion, uncertainty & confusion on government
system, of distribution of public lands may arise & this must be avoided

Except: annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad
faith

Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title

AIM OF HOMESTEAD PATENT:


Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home
and cultivation

As a matter of public policy, may be repurchased even if after 5 years provided not for profit

Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose

RESTRICTIONS:
1. Cannot be alienated within 5 years after approval of application for patent

2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application

3. Subject to repurchase of heirs within 5 years after alienation when allowed already

4. No corporation, partnership, association may acquire unless solely for commercial, industrial, educational, religious
or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural resources

EXCEPTIONS:
1. Action for partition because it is not a conveyance

2. Alienations or encumbrances made in favor of the government

ERRED HOMESTEADER NOT BARRED BY PARI DELICTO


Pari delicto rule does not apply in void contract

Violation of prohibition results in void contract

Action to recover does not prescribe

HOMESTEADER
If he dies, succeeded by heirs in the application

LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES)


Conveyance is valid if able to read and can understand language where deed is written

Otherwise, not valid unless approved by Commission on National Integration

Safeguard is to protect them against fraud/deceit