FREE PATENTS TO RESIDENTAL LANDS What are the modes of disposition or how can one acquire title over A&D lands? What are the modes of disposition or how can one acquire title over A&D lands? 1. by Homestead patent 2. by Sales Patent 3. by Lease 4. by Free Patent or Administrative legalization RA 10023 -authorizes issuance of a free patent title to residential lands subject to following maximum area limitations:
200 square meters(0.02ha) highly urbanized cities
500 square meters(0.05ha) other cities 750 square meters(0.75ha) 1st and 2nd class municipalities 1000 square meters(0.1ha) other municipalities RA 10023 -passed as law on March 9, 2010
-reduced the period of eligibility for titling from 30
years to 10 years of untitled public alienable and disposable lands which have been zoned as RESIDENTIAL and enables applicants to apply with CENRO of the DENR having jurisdiction over the parcel of land subject of the application. Requisites 1. Applicant must be a Filipino citizen. 2. Land applied for is not needed for public service and/or public use. 3. Land must be within a residential zone, covered by a survey plan that is approved by DENR. 4. Land is actually possessed and occupied by applicant for at least 10 years prior to application as shown by affidavits of residents of the municipality/city. 5. He must not be the owner of more than 12 hectares (120,000 square meters) of land (inclusive of the subject land). 6. A minor can apply for a free patent, 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 CENRO Sec. 6 Community Environment and Natural Resources Office mandated to process the application within 120 days to include compliance with the required notices and other legal requirements, and forward its recommendations to the PENRO (Provincial Environment and Natural Resources Office) which shall approve or disapprove the patent within 5 days.
If approved, a patent will be issued. In case of conflicting
claims among different claimants, parties may seek proper judicial remedies. Proceeding is Administrative in Nature Original registration of a parcel of land can be acquired by: 1. Judicial Proceeding (filing a petition for registration in Court-PD 1529)
2. Administrative Proceeding- filing an appropriate
application for patent (e.g. homestead) in the Administrative body (DENR) thru PENRO and CENRO.
The Registration of such Patent becomes the basis for
Issuance of Original Certificate of Title by Register of Deeds.