MODES OF DISPOSITION

-FREE PATENT OR ADMINISTRATIVE LEGALIZATION

 CA 141 or the public land act provides that:

“any natural-born citizen of the Philippines who is not the owner of more than 12 hectares and who, for at least
30 years prior to the effectivity of this amendatory act, 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, who shall have paid real estate tax thereon while the same has not been occupied by any person shall
be entitled, under the provisions of this Chapter, to have free patent issued to him for such tract or tracts of such
land not to exceed 12 hectares.

 Section 44 on free patents provides for a prescriptive period of 30 years of possession.

NOTE: Section 44 has been amended by RA no. 9176 by extending the benefits of Chapter VIII on free patents to
December 31, 2020.
So applicants have 6 months from now to register their lands or avail free patent registration in
accordance with Section 44, Chapter VII od Public Land Act.
Provided further that in order to be qualified for the free patent, the following requisites are complied:

a. Natural-born Filipino Citizen;

b. Not an owner of more than 12 hectares of land;
c. Has continuously occupied and cultivated either by himself or through his predecessors-in-interest the
agricultural public lands subject to disposition for the prescriptive period of 30 years;
d. Has paid real estate tax thereon; and
e. The land sought to have a free patent should not exceed 12 hectares.

-ISSUANCE OF FREE PATENT

Requisites under RA 10023

1. Under RA No. 10092, A Filipino citizen who is an actual occupant of a residential land may apply for a free patent
title. Provided that:
a. in highly urbanized cities, lands should not exceed 200 square meters;
b. In other cities, it should not exceed 500 square meters;
c. In first and second class municipalities, it should not exceed 750 square meters; and
d. In other municipalities, it should not exceed 1,000 square meters.
2. The land applied for is NOT needed for public service or public use.
3. There must be a map based on actual survey conducted by a licensed geodetic engineer and approved by the DENR;
4. There must be a technical description of the land applied for; and
5. Supporting affidavit of two disinterested persons who are residing in the brgy. 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
complied with the requirements under section 1 of RA 10023 where;
a. The applicant or his predecessors in interest, actually resided on and continuously possessed and
occupied, under a bona fide claim of acquisition and ownership, the land applied for at least 10 years.

-CLASSIFICATION AND DISPOSITION OF LANDS FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL

PURPOSES.

 Chapter IX of CA No. 141 or the Public Land act provides that any tract of lad of the public domain which, being
neither timber nor mineral land, is intended to be used for residential purposes or for commercial, industrial or other
productive purposes other than agricultural, and is open to disposition or concession.
The following are disposable Lands as classified under Section 59, Titile III of Public land act.

1. Lands reclaimed by the government by dredging, filling or other means;

2. Foreshore;
3. Marshy lands covered with water bordering upon the shores or banks of navigable lakes or rivers; and
4. Lands not included in any of the forgoing classes.

WHAT ARE THE MODES OF DISPOSITION?

A. Sale; and
B. Lease
CONDITIONS:
 The lands may either be leased or sold, to any PERSON, CORPORATION, or ASSOCIATION
authorized to purchase or lease public lands for Agricultural purposes.
 Under section 2, article XII of the constitution, private corporations may only lease alienable lands
of the public domain for a period not exceeding 25 years, renewable for not more than 25 years and
shall not exceed 1,000 hectares.
 Citizens of the Philippines may lease not more than 500 ha, or acquire not more than 12 hectares
thereof by Purchase, homestead or grant.
 The first 3 disposable lands enumerated above shall be disposed of to private parties ONLY BY
LEASE, as soon as the President, upon recommendation by the Sec. of DENR, shall declare
that the same are not necessary for public service and are open to disposition.
 The no. 4 which is (Lands not included in any of the forgoing classes may be disposed by sale
or lease

LEASE CONDITIONS

Under section 64 of Public Land Act, the following are conditions of the lease:

1. The lessee shall construct permanent improvements appropriate for the purpose for
which the lease is granted, shall commence the construction thereof within six
months from the date of the award of the right to lease the land and shall complete
the said construction within eighteen months from said date; and
2. At the expiration of the lease or of any extension of the same, all improvements
made by the lessee, his heirs, executors administrators, successors, or assigns shall
become the property of the Government.

NOTE: The failure to comply with the above-stated conditions for construction of improvements
does not automatically give rise to the cancellation of the lease contract as Section 68 provides that
the DENR sec may grant qualified persons permission upon payment of reasonable charge, for the
use of any portion of the lands.

SALE OF LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES

CONDITIONS:

General Rule: Lands mentioned above Shall be disposed through ORAL BIDDING (Sec.
67, CA no. 141).

XPN: Direct sale need no oral bidding (RA no. 730).

o Adjudication shall be made to the highest bidder;

o Bidding should be announced in the official gazette or in newspapers of general
circulation
 QUALIFICATIONS:
1. Applicant must be a Filipino citizen of legal age;
 2. Not the owner of a home lot in the municipality or city which he resides;
3. Have established good faith in his residence on a parcel of land which is
not needed for public service; and
4. Have constructed his house and actually resided therein.

Note: If he complied with all the requirements, he shall be given

preference to purchase at a private sale not more than 1,000 square meters
of land at a price to be fixed by the Director of lands (RA. No. 730).

SALE OF LANDS WITHIN MILITARY RESERVATIONS

CONDITIONS:
1. Under RA 274, lands within military reservations can be disposed when declared by
the President as no longer needed for military services; and
2. Preference is given to bona fide occupants and to war veterans.