HOMESTEAD MISCELLANEOUS SALES PATENT FREE PATENT LEASE OF FRIAR LAND

PATENT SALES PATENT FORESHORE LAND PATENTS

Law/s -Commonwealth Act Republic Act No. 730 -Commonwealth Act no. -Commonwealth Act no. -Commonwealth Act no. -Commonwealth Act no.
applicable no. 141 141 141 141 141
-Republic Act No. 730 -Republic Act No. -Republic Act No. 8550 -Commonwealth Act
10023 No. 36
-Presidential Decree
1073
-Republic Act No.
11213
Type/s of Agricultural/Farm -Agricultural Land -Agricultural/Farm Land -Agricultural/Farm Land -Agricultural Lands -Friar Lands
Land Land -Residential Land -Residential, Commercial, -Residential Land -Non-Agricultural Public -Private and Patrimonial
Disposed Industrial Land -Townsites Lands for residential, Lands of the
commercial, and industrial Government
purposes
Maximum 24 hectares 1,000 square meters -Not to exceed 144 -Not to exceed 200 Up to a maximum of 144 10 hectares
area that hectares (individuals) square meters (Highly hectares
can be -Not to exceed 124 Urbanized City)
granted hectares (corporations) -Not to exceed 500
-Not to exceed 144 square meters (other
hectares (each member of cities)
a partnership) -Not to exceed 750
square meters (First-
class and Second-class
Municipalities)
-1,000 square meters
(Third-class
municipalities)
Concept It is a mode of Sale without public Patent issued for the type A mode of acquiring a Lease of a string of land Lands of certain
acquiring alienable auction of alienable of application covering land where a margining a body of water; haciendas which were
and disposable lands and disposable lands of lands of the public predecessor-in-interest the part of a seashore acquired by the
of the public domain the public domain for domain for agricultural has actually occupied between the low water line government from
for agricultural residential purposes purposes and sold at usually at the seaward religious
 purposes conditioned public auction through the land for at least 10 margin of a low tide terrace orders/corporations or
upon actual sealed bidding years as required by law and the upper limit of wave organizations on 1902
cultivation and was at high tide usually
residence marked by a beach scarp or
berm
Where to DENR-Community DENR-Community DENR-Community DENR-Community DENR-Community DENR-Community
file Environmental and Environmental and Environmental and Environmental and Environmental and Natural Environmental and
application Natural Resources Natural Resources Natural Resources Office Natural Resources Resources Office where the Natural Resources
Office where the land Office where the land where the land being Office where the land land being applied for is Office where the land
being applied for is being applied for is applied for is located being applied for is located being applied for is
located located located located
Qualificatio -Filipino Citizen -Filipino Citizen -Filipino Citizen -Filipino Citizen who is -Filipino Citizen -Filipino citizen
ns of -Over 18 years old or -of lawful age -Of lawful age; if not, an actual occupant of a -Of lawful age; if not, must -Of legal age
application head of the family -married; if single, must be head of a family residential land be head of a family -In actual occupation of
-Not an owner of applicant must be the -Purchased public -The land applied for is the land during the
more that 12 hectares head or bread winner agricultural land of not not needed for public -Any corporation or subdivision survey
of land pursuant to of the family more than 12 hectares service or public use association with at least thereof
the 1987 Constitution -not the owner of a 60% of the capital stock
home or lot in the -Any corporation or belongs to Filipino Citizens
municipality/city where association with at least
the land applied for is 60% of the capital stock
situated belongs to Filipino
-He must have Citizens
occupied in good faith
the land applied and -Corporate bodies
constructed a house organized in the
thereon where he/she Philippines
and family is actually
residing
Essential -Application Fee of -Application Filing fee -Application Filing fee of -Map based on an actual -Certification Fee -Application fee of
Requiremen P50.00 of P50.00 P50.00 survey conducted by a a. P1000.00 for Foreshore P50.00 and documentary
ts -Entry fee of P5.00 -Approved plan and -Approved plan and licensed geodetic Lease Development stamps
-Final fee of P5.00 technical description of technical description of engineer and approved intended for port -Vicinity sketch plan,
-Approved plan and the land applied for the land applied for by the Department of development approved plan and
technical description Environment and technical
 of the land applied -Affidavit of the -Affidavit of the applicant Natural Resources b. P500.00 for Other Descriptions of the land
for applicant stating that stating that (DENR). Foreshore Lease applied for
-Actual occupation -He is not the owner of -He is not the owner of -Technical description of Application -Survey of the land if
and residence by the any other home lot in any other home lot in the the land applied for -Documentary not yet surveyed or
applicant the municipality/city municipality/city where together with supporting Requirements of subdivided
where he resides he resides affidavit of two (2) Applicants
-He is requesting that -If the applicant is single, disinterested persons CENRO endorsement to
the land be sold to him he must submit an who are residing in the PPA
under the provision affidavit stating that he is barangay of the city or -Survey plan of the land
R.A. No. 730 the head or bread winner municipality where the applied for
-If the applicant is of the family land is located, attesting -Location plan
single, he must submit -The land is not needed to the truth of the facts -Vicinity Map
an affidavit stating that for public use contained in the -Certification from PPA
he is the head or bread application to the effect -Dissemination/
winner of the family that the applicant thereof Coordination with CENRO
-The land is not needed has, either by himself or and others concerned.
for public use through his predecessor-
in-interest, actually
resided on and
continuously possessed
and occupied, under a
bona fide claim of
acquisition of
ownership.
-The land applied for at
least ten (10) years and
has complied with the
requirements prescribed
in Section 1 of RA
10023.

Steps 1. Filing of 1. Filing of 1. Filing of 1. Apply to the 1. Survey and mapping 1. Filing of Friar land
application application at application at the Community of foreshore land. application at the
2. Preliminary the CENRO; CENRO. Environment and 2. Investigation of such CENRO within the
Investigation 2. Investigation Natural areas being applied whose jurisdiction the
and appraisal of Resources Office for. land applied for is
 3. Approval of the land applied 2. Investigation and (CENRO) of the 3. Acceptance and located; if the applicant
Application for; appraisal of the DENR. Processing of is not qualified under the
4. Filing of final 3. Survey of the land applied for. 2. The CENRO is applications private sale CENRO
proof which land if not yet 3. Survey of the land mandated to 4. Appraisal and Re- shall announce by
consists of 2 surveyed; if not yet surveyed. process the appraisal of land and bandillo in coordination
parts 4. Investigation 4. Investigation application within its improvements with the mayor of the
5. Notice of report whether report whether the one hundred and 5. Award of Leases & municipality where the
intention to the applicant applicant possesses twenty (120) days Execution of land is located
make Final possesses the the qualification to include Contracts or Permits 2. Conduct preliminary
Proof which is qualification for for direct sales. compliance with 6. Monitoring and investigation and
posted for 30 direct sales; 5. Comment and the required Evaluation appraisal of the land
days 5. Comment and recommendatio n notices and other 7. Policy Formulation applied for
6. Testimony of recommendation of the District/City legal and Implementation 3. Recommendation for
the of the engineer with the requirements. the approval of appraisal
homesteader District/City concurrence of the 3. CENRO shall and request for authority
corroborated engineer with Regional Director, forward the to sell the land at private
by 2 witnesses the concurrence Department of recommendation sale or public auction
mentioned in of the Regional Public works and to the Provincial through oral bidding to
the notice Director, Highways. Environment and the Director of Lands
7. Confirmatory Department of 6. Recommendation Natural Management Bureau
of Final Public works to the PENRO for Resources Office 4. Approval of appraisal
Investigation and Highways; approval of (PENRO), who and grant of authority to
8. Order of 6. Recommendatio appraisal and shall have five (5) sell at private sale or
Issuance of n to the PENRO request for days to approve public auction through
Patent for approval of authority to sell via or disapprove the oral bidding to the
9. Preparation of appraisal and public auction. patent. Director of Lands
patent using request for 7. Approval of 4. In case of Management Bureau
Judicial Form authority to sell appraisal and grant approval, patent 5. Posting of notice of
No. 67 and without public of authority to sell shall be issued. sale for not less than 30
67-D and the auction; by the PENRO. days at the bulletin
technical 7. Approval of 8. Posting of notice board
description appraisal and of sale without 6. Private sale or public
duly inscribed grant of public auction for auction thru oral bidding
at the back authority to sell thirty (30) to be conducted by the
thereof; by the PENRO; consecutive days in CENRO concerned
10. Transmittal of 8. Posting of the following 7. Submission of report
the notice of sale place: of private sale or bidding
Homestead without public and proofs of posting
Patent to the auction for o CENRO Bulletin and payment of at least
Register of thirty (30) board 10% of the purchase
Deeds consecutive o Municipal building price of the land applied
concerned. days in the bulletin board for
following place o Barangay Hall 8. Preparation and
o CENRO bulletin board approval of sales
Bulletin board o On the land itself contract by the Director
o Municipal of Lands Management
building bulletin 9. Order of Award to Bureau and the
board the highest bidder. purchaser and its
o Barangay Hall 10. Submission of the notarization
bulletin board of posting and 9. Submission of proof
o On the land payment of at least of payment of the full
itself 10% of the appraised purchase price of the
9. Submission of land
the proofs of 10. Conduct of final
posting and investigation and
payment of at submission of report by
least 10% of the the CENRO
appraised value 11. Preparation of the
of the land; deed of conveyance/sale
10. Order of Award; in favor of the purchaser
11. Proof of full with the technical
payment of the descriptions inscribed at
purchase price the reverse side thereof
of the land; 12. Approval of the deed
12. Order issuance of conveyance/sale by
of the Director of Lands
Miscellaneous Management Bureau and
Sales Patent in its notarization thereof
Judicial Form 13. Transmittal of the
No. 167 with the original copy of the deed
technical of conveyance/sale duly
 description duly numbered and bearing
inscribed at the the seal of the LMB to
back thereof; the
13. Approval and Register of Deeds conc
signature of the erned for the issuance
Miscellaneous of the corresponding
Sales Patent by Transfer Certificate of
the official Title to the purchaser.
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.

Restrictions -lands acquired may -Foreign citizen -Foreign citizen -lands acquired may not -Cannot be acquired by -Holder of other friar
not be conveyed -Cannot be acquired by be conveyed within 5 corporations with less than lands
within 5 years an owner of a home lot years 60% of capital stocks is -not an occupant of the
-cannot be acquired in the municipality/city owned by Filipino Citizens said land
by any person who where the land being
owns more than 12 applied for is located
hectares of land
-Foreign Citizen
-Minor