MAJOR ISSUES UNDER PREVIOUS ROWA PROCESS

ADDRESSED BY NEW ROWA PROCESS/MANUAL

ISSUE: Difficulty of the IA in dealing with free patent (CA 141) holders.

MEASURE - RA 10752 Sec. 4, DRAM Sec. 2.15:

• In cases of lands granted through CA 141, the IA shall:
a. follow the provisions of CA 141, as amended, regarding acquisition of
ROW on patent lands, if the landowner is the original patent holder or his
acquisition of the land from the original patent holder is through a
gratuitous title; or
b.follow the other modes of acquisition in RA 10752, if the landowner is
not the original patent holder and any previous acquisition of the land is
not through a gratuitous title.

Justification:
• This will expedite the process and ensure that social justice is achieved. It is
prudent to pay patent holders who are not the original beneficiaries as their
acquisition of said title is presumed to have a consideration.
NEGOTIATED SALE: PROCEDURE
• SPECIAL CASES

In case of untitled lands, compensate the Owner using the

same procedures above, provided that the owner shall present
the following:
a. Tax Declaration showing his and his predecessors’ open
and continuous possession of the property for at least 30
years.
b.Certification from the DENR that the land is alienable and
disposable.
c.Other documents that may show proof of Ownership.