Land Title and Deeds Report…

XAVIER UNIVERSITY – ATENEO DE CAGAYAN

COLLEGE OF LAW
1st Semester | AY 2019 - 2020

LAND TITLES & DEEDS

RESIDENTIAL FREE PATENT
(Group 2)

Submitted to:

ATTY. NORMITA V. BATULA

Submitted by:

ALONTO, Ruh Javier

BERMUDO, Kristine Coleen
BERNAD, Cotwell Klyde
CADIZ, Ma. Theresa C.
CATALAN, Yssa
CHING, Matthew Bowen C.
ESTOSE, Melodina V.
MACARIMBANG, Bingkat
MIRAL, Christopher

I. Case Background / Facts

Section 103 of PD 1529, known as the Property

Registration Decree, provides that the Government may
alienate, grant, or convey public land to any qualified
person. The deed, grant, patent or instrument of
conveyance does not bind the land but operates only as a
contract between the Government and the grantee. It is
the act of registration that shall affect and convey the land.
Registration should be made in the office of the Register of
Deeds of the province or city where the land lies. After due
registration and issuance of the certificate of title, an
owner’s duplicate is issued to the grantee. The patent is a
veritable Torrens title. Upon the expiration of one year
from its issuance, the certificate of title becomes
irrevocable and indefeasible.

No public land can be acquired by private

persons except by a grant from the State. This grant may
be in the form of a homestead, sales, free, or special
patent (Table 1).

Table 1: Different modes of disposition of public, A&D

lands by the State.
Type of Definition
grant/patent

Homestead Public lands suitable for agricultural

patent purposes are disposed to provide a
home for each citizen of the State;
Land must not be more than 12
hectares

Sales patent Acquisition of public agricultural

lands by purchase, sold through
sealed bidding and awarded to the
highest bidder;
Land must not be more than 12
hectares

Free patent Given to those who, for at least 30

years prior to the effectivity of [PD
1529], has continuously occupied
and cultivated, either by himself or
through his predecessors-in-interest
a tract or tracts of agricultural public
lands subject to disposition;
Land must not be more than 12
hectares

Special patent A patent to grant, cede, and convey

full ownership of A&D lands formerly
covered by a reservation of lands of
the public domain;
Issued upon the promulgation of a
special law or Act of Congress or by
the Secretary of DENR as authorized
by EO of the President

Among the different modes, Mr. John Brian C.

Ebalig (photo shown at the right) made use of the free
patent mode to secure an Original Certificate of Title
(OCT) for his 100-square meter parcel of lot (Lot 24196-J-
3-A) located in Tablon, Cagayan de Oro City. The said
parcel is but a portion of a lot originally owned by the late
Mr. Porferio Ravidas, Sr. Mr. Ebalig purchased it from Mr.
Vonnel B. Ravidas, one of the heirs, around 10 years ago.
After 7 years of residing therein, he decided to apply for
registration. He successfully obtained a Residential Free
Patent (RFP No. 104305-2017-283) last December 12,
2017, more than a year from his date of application.

The application was covered by RA 10023,

known as an Act Authorizing the Issuance of Free Patents
to Residential Lands or the Free Patent Act, signed into
law by President Gloria Macapagal-Arroyo last March 9,
2010. This law amended the Public Land Act (RA 9176)
with the aim to ease the requirements and procedures in
the titling of residential lands.

Under RA 10023, any Filipino citizen who is an

actual occupant of a residential land may apply. The
period of eligibility for titling was reduced from 30 to 10
years. Landowners can now apply with the Department of
Environment and Natural Resources (DENR). This avoids
the lengthy and tedious process of acquiring a title through
the courts under the Public Land Act. In order to qualify,
the land should not exceed 200 square meters if it is in a
highly-urbanized city like Cagayan de Oro. Free patents
may be issued even without payment of outstanding real
estate taxes. Restrictions (encumbrances, conveyances,
transfers, or dispositions) after issuance of the free patent
were also removed.

II. Comparative Analysis with the

Requirements/Process as provided by Law and Actual
Requirements/Procedures including Fees/Expenses
Incurred

A. Theoretical (as provided by RA 10023)

Qualifications

The applicant for a Residential Free Patent must

comply with the following qualifications:

1. He must be a Filipino Citizen, as defined in the

Constitution

2. He must not be the owner of more than twelve

(12) hectares of land

3. The tract of agricultural lands subject for

disposition must have been continuously occupied
and cultivated, either by himself or through his
predecessors-in-interest and shall have paid the
real estate tax thereon

4. There shall be no age requirement for applicants

as long as minor applicants, aged below eighteen
(18) years old, are duly represented by their legal
guardians

NOTE: No application shall be approved for any individual,

whose total landholding would exceed an accumulated
twelve (12) hectares, including agricultural lands.

Process (including requirements and fees)

Table 2 shows a comparison between the theoretical

list of requirements and schedule of fees, as provided by
RA 10023, and the actual experience of Mr. Ebalig as he
personally went through the process to obtain a certificate
of title to his lot.

Table 2: Comparison between the theoretical and

actual process of securing a Residential Free Patent.
Theoretical (based Actual
on RA 10023)
Requirements ● Duly ● Three (3)
Accomplished Application
Application
Form
● Copy of ● Marriage C
DENR if Married Bi
Approved Certificate- i
Plan or Copy Af
of Cadastral Guardiansh
Map showing Minor
the parcel of
land applied ● Proof of O
for of the Land
● Copy of Absolute Sa
Technical
Description ● Copy of A
● Simplified Survey Plan
Sketch conducted b
● Two (2) Licensed Ge
Affidavits of Engineer (D
Disinterested
Persons ● Copy of Te
● Certification Description
of NO
Pending Land ● Affidavit o
Registration Disintereste
Proceedings Persons res
covering the the baranga
land applied city or munic
for from the where the la
Regional Trial located, atte
Court (RTC) the truth of t
contained in
application t
effect that th
applicant the
has, either b
or through h
predecesso
interest, act
resided on a
continuously
possessed a
occupied, un
bona fide cla
acquisition o
ownership, t
subject land
least ten (10

● Zoning Ce
from the LG
the land app
Residential

● Court Cer
that there is
Pending Lan
Registration
involving the
of land bein
for in RTC

● LRA Certi
(LRA-Manila

● Affidavit s
that the land
only land ap
by the applic
(CENRO)

● Certificatio
Status (CEN
Records)

● Real Prop
Historical O
(Assessor’s

● Tax Decla
(Assessor’s

●
City/Municip
Engineer
Certification

● City/Munic
Planning Ce

● Barangay
Certification

Fees Application Fee Application Fee

PhP 50 Php 50
Documentary Stam
Documentary
Stamps Php 25 per do
Survey
Php 15 per Php 12,000
document
Survey
Free (Public
geodetic engineer)

Duration 120-day period (4 More than a year

months)

The figure below shows the theoretical flow of

steps. The application shall be filed in the CENRO whose
jurisdiction covers the area where the parcel of land
subject of the application is situated. The CENRO may
also authorize any public office to accept applications and
to prepare applications and documents for processing. No
application shall be accepted/processed without
submitting the complete requirements, including the
approved plan and technical description. A preliminary
assessment of compliance with the qualifications and
documentary requirements based on the checklist may be
made before acceptance of the application and the
commencement of the 120-day period.

Procedure in the CENRO

Upon receipt of an accomplished application, the

CENRO concerned shall cause the posting of notices for
15 days in two (2) conspicuous places within the
municipality or city, preferably in the location of its office,
or any other place that can be readily seen, such as, but
not limited to, public billboards, public plazas,
municipal/city/barangay halls and market places. The
CENRO shall issue the certificate of posting of notice after
the 15 day period has elapsed.

The CENRO is required to process the application,

including the publication thereof, within a non-extendible
period of one hundred twenty (120) days from the date of
filing of the accomplished application. The period for
verification with the records (e.g. determining whether or
not a patent had already been issued for the parcel in
question) is included in the 120-day period while the
period for approval of surveys is not.

The land investigator shall conduct an ocular

inspection on the parcel of land applied for and shall
determine the qualifications of the applicant as well as
verify the claims of the applicant on the land. In case an
opposition is filed, the 120-day period for processing shall
be deemed interrupted. The CENRO shall notify the
applicant on the opposition and shall subject the
application to the regular claims and conflict procedures of
the DENR. He or she shall apply alternative dispute
resolution (ADR) mechanisms in the resolution of claims
and conflicts.

Procedure in the PENRO

Upon the recommendation of the CENRO

concerned, the corresponding PENRO shall have a non-
extendible period of five (5) days from receipt of such
recommendation to either approve and sign the patent or
disapprove the application. In case of approval, the
PENRO shall notify the applicant within 15 days and
forward the patent to the Registry of Deeds. In case of
disapproval, the PENRO shall notify the applicant within
15 days and remand the entire records to the CENRO for
appropriate action.

The PENRO may disapprove the application

without prejudice to re-filing on the grounds of non-
compliance with documentary requirements. He/she may
disapprove an application with prejudice to re-filing on
grounds of non-qualification of the applicant and when the
land applied for should undergo claims and conflict
resolution procedures. The disapproval of the application
may be appealed to the Secretary of the DENR through
appropriate channels.

B. Actual Process

APPLICANT ACTIVITY
1. Surveyed his land by a Private Geodetic
Engineer
2. Inquired in CENRO of the status of his land in
which he was given a checklist for the required
documents to be submitted
3. In order to acquire the requirements, he had to
get the signature of 21 lawyers in the Hall of
Justice (in order starting from Branch 1-21),
Certification from Barangay, City Hall for the Lot
number, Blueprint or Sketch with the Technical
Description, Historical List of Previous Owners
4. Submitted the required documents in PENRO
5. After confirmation that he was granted a
Residential Free Patent, went to ROD for the
Land Title

CUSTOMER DENR ACTION

ACTIVITY

Inquire status of the lot CENRO LEVEL

being applied for free
patent Verifies the status of land
whether titled or not and/or
claimed by others and
determines the land
classification

Prepares for the A and D

Certification subject for
approval and signature

Provides to the applicant/s the

following:
1. Checklist of
Requirements

2. Free Patent
Application Form
and other
prescribed forms

3. Advice on the
procedures

File application with Receive application, record,

complete supporting index and assigns control
documents number and computes for the
fees and prepares for the
order of payment

Pay corresponding Receives payment and issue

fees and documentary an Official Receipt
stamp
Conducts investigation on the
land with geo-tagged photos

Preparation of Notices and

letter to the barangay,
municipality or city of the
applicant with signatures and
posted

Prepare and process patent

subject to approval including
the type of judicial forms and
technical descriptions which is
verified and certified by the
Geodetic Engineer

Examine Carpeta by the LMO

subjected to preliminary review
of the FPA by CENRO with
signature and transmittal to
PENRO

PENRO LEVEL

Receives the Free Patent

documents subject to Final
Review and assigns control
number for the record with
approval and signature then
transmits the documents to
ROD

Secure copy of Title at

the Registry of Deeds
concerned

III. Problems/Challenges encountered by Subject

The main problem that was faced by the applicant

was the difference or discrepancy in the procedure based
on the law and the actual procedure. Although this may
also be because of the applicant’s lack of knowledge
about the law, which is a common thing here in the
Philippines. There were still minor deviations from the
theoretical procedure which were found out by the group.
Firstly, it took the applicant awhile to compile the
necessary requirements mainly because he was not
properly guided or informed when he first went to CENRO.
This led him to go back and forth from CENRO, DENR,
City Hall and other various agencies to complete the
requirements over a span of 1 year. After submitting the
requirements, he then had to file for the application again
since there were errors in the application. Among other
challenges, the applicant also had to let 21 signatories
sign a document from the LRA/RTC to prove that there is
no pending cases on a parcel of land being applied for.
The signatories also made him go back and forth since
some would not sign unless certain specifications were
met, which was a hassle for the applicant. Lastly, there
was also an issue with the amount of money spent over-all
for the acquisition of the patent. The residential free patent
act was designed to be a cost efficient and an easier way
for Filipino citizens to get a title on their land yet the
applicant spent nearly PhP35, 000 and spent over 1 year
to complete said process.

IV. Recommendations

It is the recommendation of the group, so as to

prevent more incidents similar to the one experienced by
the subject, it would be in the best interest of both future
applicants and the government if there would be more
information disseminated on free patents or a seminar
which all applicants should attend before they could apply
for a residential free patent. This would minimize errors
made by applicants in the application process which would
lead to a more efficient system in the processing of these
patents. With fewer errors made, applicants could spend
less on time and money trying to get such patent. In the
video, the applicant also mentioned that the engineers and
other government workers also had their share of errors in
the handling of his documents which had to be corrected
over and over again.This led the group to recommend that
the workers should be more well equipped in handling
these documents to prevent errors which will take up more
time for both the applicant and the agency concerned. In
his own recommendation, the applicant said that the errors
made by both himself and the engineers, which caused
him to refile and redo some documents were actually
somewhat enlightening because it helped him familiarize
the process in applying for the residential free patent.

V. Reflection/Learnings

The beginning of our trip started at DENR Region

10 office in Macabalan to inquire the process of Free
Patent Registration. They were generous enough to
entertain our questions and discussed about the TCT and
OCT, the latter of which is quite difficult to look for
successful applicants. We were then told to visit CENRO
office which takes a 30 minutes to get there. It is located in
an uphill road within the outskirts of the city. It is quite an
isolated place that visitors of Cagayan de Oro proper will
have a great difficulty locating itt. Furthermore, getting
there is a real trouble, especially without riding a private
car. On the other hand, we were also told that the only
transportation to get there is a ‘Habal-habal’ a single
motorcycle; considering further that the road is quite
damaged and narrow and that it is really located in an
isolated forest area, without vast carefulness, accident
could be screaming anywhere. The process necessitates
you to go back and forth from one agency to another, and
the distance between these agencies are too far. It is yet
another reason why the application for titling takes such
long period.

The experience of Mr. Ebalig exposed the fact that

some of these public employees themselves are not well
aware of or familiar with the direct and right course of their
work. The City Engineer’s office committed quite a mistake
that Mr. Ebalig had to fix the matter himself, thus delaying
the process further. It is quite true also that the titling of the
land may cost as much as the buying price of applicant’s
land or may even be higher. In the case at hand, the
subject purchased the lot for PhP30,000 which, according
to him, almost the same cost he incurred in processing the
titling.

It is indeed the “ideal”, what these legislators and

agencies implementing the laws are striving for.
Unfamiliarity and miscalculations are but a few of the
factors hindering and delaying the immediate and direct
process of issuance of land titles. It is worth noting that
agencies of the government should take the initiative, so
long as it is within their delegated power. Such actions
may be implied already by their delegated powers and
need no explicit wording by the law; and if made in good
faith, applicants will no longer be wasting money and time
for the titling of their lands.

VI. Annex

Related Cases

1. De Leon v. De Leon-Reyes, GR. No. 205711 (May 30,

2016)

FACTS: Petitioner and respondent are the heirs of

Alejandro, who owns two parcels of land during his
lifetime. Respondent then was awarded the grant of free
patent over the property in which the petitioner contested
in the DENR. The DENR dismissed the protest after
finding that the respondents met the requisites for a public
land grant, to which the respondent did not appeal. The
petitioner then filed a complaint for reconveyance of title
against respondent and alleged that the transfer of rights
in favor of the respondent is fraudulently acquired.

ISSUE: Whether or not the reconveyance of title is the

proper remedy.

HELD: No. The court ruled that reconveyance of title is not

a proper remedy in a free patent case but reversion, which
is still not a remedy that can be invoked by the petitioner
since it is only available for the State to invoke. The
remedy of reconveyance of title in this case is not proper
since petitioner failed to show that the land subject of the
complaint is of private characteristic before it was granted
a free patent. Unlike an applicant in judicial confirmation of
title who claims ownership of the land, the application for
free patent recognizes that the land applied for belongs to
the State. A patent, by its very definition is a governmental
grant of right, privilege or authority. A free patent, like one
issued to the respondent, is an instrument by which the
government conveys a grant of public land to private
person.

2. Taar v. Lawan, GR. No. 190922 (Oct. 11, 2017)

FACTS: The present case involves two free patent

applications over a parcel of land.
Petitioners inherited two vast tracts of land, one of which
was subjected to a subdivision plan and such was
approved by the court. Petitioners then applied for free
patents over the property.
Months later, respondents filed a protest alleging that their
predecessor in interest had been in actual, physical,
exclusive and notorious possession and occupation of the
said land, since 1948. The Regional Executive Director of
the DENR ruled in favor of the respondents as the actual
occupants of the property. Such decision is not appealed
and therefore attained finality.

ISSUE: Whether or not the approval of the Court of First

Instance in the subdivision of a land precludes other
parties with a better right from instituting free patent
applications over it.

HELD: A judgment approving the subdivision of a parcel of

land does not preclude other parties with a better right
from instituting free patent over it. Entitlement to
agricultural lands of the public domain requires a clear
showing of compliance with the provisions of
Commonwealth Act No. 141 as amended, otherwise
known as the Public Land Act. The grant of free patent is
governed by section 44 of the said Act as amended, which
provides for the requirements for the application of free
patent.

3. Republic of the Philippines v. Spouses Regulto, GR. No.

202051 (April 18, 2016)

FACTS: Respondent spouses are the registered owner of

the property in controversy which is covered by a Transfer
Certificate of Title acquired by them by virtue of deed of
absolute sale. The subject property originated from an
Original Certificate of Tile dated 1956. The DPWH has a
road project which traverse their property. Just
compensation was then offered by the DPWH to the
spouses but such offer was later withdrawn by the DPWH
after claiming that the spouses are not entitled to just
compensation since the title of their land originated from a
free patent title acquired under the Public Land Act, which
contained a reservation in favor of the government of an
easement of right of way of twenty meters which was
subsequently increased to sixty meters by PD. No. 635,
for public highways and similar works that the government
or any public or quasi-public service enterprise may
reasonably require for carrying on their business, with
payment of damages for the improvements only.

ISSUE: Whether petitioners are liable for just

compensation in enforcing the government’s legal
easement of right-of-way on the subject property which
originated from the public land awarded by free patent to
the predecessors-in-interest of the spouses Regulto.

HELD: No. Section 112 of the CA. No. 141 as amended

provides that lands granted by patent shall be subjected to
a right-of-way in favor of the government. Jurisprudence
settles that one of the reservations and conditions under
the Original Certificate of Title of land granted by free
patent is that the said land is subject to ”all conditions and
public easements and servitudes. Government officials
charged with the prosecution of these projects are
authorized to take immediate possession of the portion of
the property subject to the lien as soon as the need arises
and after due notice to the owners.

In other words, lands granted by patent shall be subject to

a right-of-way not exceeding sixty meters in width for
public highways, irrigation, ditches, aqueducts, and other
similar works of the government of any public enterprise,
free of charge, except, only for the value of the
improvements existing thereon that may be affected.