Department of Environment and Natural Resources

Land Management Bureau

http://lmb.gov.ph/Free_Patent.aspx

Free Patent
Qualifications - Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent Title under this Act, provided that in highly urbanized cities the land should not exceed two hundred (200) square meters; in other cities it should not exceed five hundred (500) square meters; in first class and second class municipalities it should not exceed seven hundred fifty (750) square meters; and in all other municipalities it should not exceed one thousand (1000) square meters; provided further, that the land applied for is not needed for public service and/or public use. Coverage. - This Act shall cover all lands that are zoned as residential areas, including town sites as defined under the Public Land Act; Provided, That none of the provisions of Presidential Decree No. 705 shall be violated. Zoned residential areas located inside a delisted military reservation or abandoned military camp, and those of local government units or town sites which preceded Republic Act No. 7586 or the NIPAS Law, shall also be covered by this Act. Application. - The application on the land applied for shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources (DENR) and a technical description of the land applied for together with supporting affidavit of two (2) disinterested persons who are residing in the barangay 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, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the subject land for at least ten (10) years and has complied with the requirements prescribed in Section 1 hereof. Special Patents. - Notwithstanding any provision of law to the contrary and subject to private rights, if any, public land actually occupied and used for public schools, municipal halls, public plazas or parks and other government institutions for public use or purpose may be issued special patents under the name of the national agency or local government unit concerned; Provided, That all lands titled under this section shall not be disposed of unless sanctioned by Congress if owned by the national agency, or sanctioned by the sanggunian concerned through an approved ordinance if owned by the local government unit. Removal of Restrictions. - The restrictions regarding encumbrances, conveyances, transfers or dispositions imposed in Sections 118, 119, 121, 122, and 123 of Chapter XIII, Title VI of Commonwealth Act No. 141, as amended, shall not apply to patents issued under this Act. Period for Application. - All applications shall be filed immediately after the effectivity of this Act before the Community Environment Natural Resources Office (CENRO) of the DENR. The CENRO is mandated to process the application within one hundred and twenty (120) days to include compliance with the required notices and other legal requirements, and forward his recommendation to the Provincial Environment Natural Resources Office (PENRO), who shall have five (5) days to approve or disapprove the patent. In case of approval, patent shall be issued; in case of conflicting claims among different claimants, the parties may seek the proper judicial remedies. Implementing Rules and Regulations. - The Director of the Land Management Bureau of the DENR shall promulgate rules and regulations to carry out the provisions of this Act, and shall see to it that such are gender responsive. Repealing Clause. - All laws, decrees, executive orders, executive issuances or letters of instruction, rules and regulations, or any part thereof, inconsistent with or contrary to the provisions of this Act, are hereby deemed repealed, amended or modified accordingly. Separability Clause. - If, for any reason or reasons, any part or parts of this Act shall be declared unconstitutional or invalid by any competent court, other parts or provisions thereof not affected thereby shall continue to be in full force and effect. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of general circulation. Approved:

Laws and Policies

Republic Act No. 10023 "An Act Authorizing the Issuance of Free Patents to Residential Lands DAO 2010-12 "Rules and Regulations for the Issuance of Free Patents to Residential Lands Under Republic Act No. 10023" DAO 2010 25 Amendment to section 3 of DAO 2010-12 otherwise known as "Rules and Regulation for the Issuance of Free Patent to Residential Lands Under Republic Act No. 10023"

Frequently Asked Questions

What are the evidence or proof of ownership over a parcel of land?

The best evidence of ownership is the certificate of title duly issued by the Register of Deeds concerned. However, in the absence of a title, tax declaration coupled by actual possession and existence of improvement also substantiate claim for ownership. What is a TITLE? A title refers to the legal right to own a property and the certificate of title is the document which confers such right of ownership to an individual, association or corporation. In subsequent registration of Title, what are necessary to effect the same? Transfer of title is effected by executing a document such as deed of sale wherein the registered owner (seller) transfer the ownership to a buyer. The capital gains tax and other taxes must be paid before clearance can be secured from the BIR. this will be submitted to the Register of Deeds concerned, together with the title which will be surrendered for issuance of a new title in the name of the buyer. Subsequent registration of title is a function and jurisdiction of the Register of Deeds under the LRA as the land involved is already a private property outside the jurisdiction of the DENR. In case the registered owner dies, How can ownership be transferred to the heirs? When a registered owner died without leaving a last will and testament, the heirs can transfer the title to themselves by executing an extra-judicial settlement of the estate, on condition that the heirs are in agreement of how to dispose the properties. If there is conflict and heirs can not agree, they should bring a case before the court which will make a decision for them. Is possession the same as ownership? Who are informal settlers?? No. Possession means actual and exclusive control of property by physical occupation and this could be in good faith or in bad faith. On the other hand, ownership implies the legal right of possession, control and enjoyment by the owner who has established evidence that he owns the property. Informal settlers are those in possession of land without the benefit of a title and without consent of the owner. Their possession is not permanent and has no legal basis for occupation. The possessor must strive to acquire title to the land before his possession can become permanent. In cases where there are conflicting claims, who shall have a better right? In cases where both claimants have no title, there are many factors to consider like actual possession. The one who occupies the land especially in good faith has better right as against someone with doubtful documents or has recently acquired rights without knowledge of the one in possession. However, all factors must be fully evaluated to determine preferential rights. How can one acquire TITLE? For original registration, when no title has yet been issued over a parcel of land, it can be acquired either by: 1. Judicial proceedings - by filing petition for registration in Court. 2. Administrative proceedings - filing an appropriate application for patent (e.g. homestead) in the Administrative body (DENR) and registration of this patent becomes the basis for issuance of the Original Certificate of Title by the Register of Deeds. What are the main classification of lands as to ownership? 1.Private properties - those which are titled. 2.Public lands - those which have not been titled as well as those public dominion or outside the commerce of man such as road, public plaza and rivers. What are Public Lands? All Lands that are not acquired by private person or corporation, either by grant or purchase are public lands. The common understanding therefore, is that all lands which have no title or not registered to private individual are public land. these are grouped into: 1. Alienable or disposable (A & D Lands) - those that can be acquired or issued title. Our constitution provides that only agricultural lands can be disposed of to private citizens. 2. Non-alienable lands - includes timber or forest lands, mineral lands, national parks. No title can be issued over any portion within this area. What are the modes of disposition or How can one acquire title over A&D lands? The modes are: 1. By Homestead Patent 2. By Sales Patent 3. By Lease 4. By Free Patent or Administrative legalization

Foreshore
Q. What are the accepted definitions for Foreshore areas? 1. A string of land margining a body of water, the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit wave wash at high tide usually marked by a beach scarp or berm. (1998 Fisheries Code of the Philippines) 2. Foreshore land is a part of the shore, which is alternately covered and uncovered by the ebb and flow of the tide. (DAO 99-34, series 1999) 3. That part of the land adjacent to the sea, which is alternately covered and left dry by the ordinary flow of the tides. (The Law on Public Land Conflicts in the Philippines by Alfonso S. Borja) 4. That part of the shore, which is between high and low watermarks and alternately covered with water and left by the flux and reflux of the tides. It is indicated by the middle line between the higest and lowest tide. (Bouvier's Law dictionary, page 825) Foreshore Lease Application

Q: What is a Foreshore Lease Application (FLA)? A type of application covering foreshore lands, marshy lands and other lands bordering bodies of water for commercial, industrial or other productive purposes other than agriculture. Q: Are mangrove areas/timberland covered by this type of application? No, all mangrove areas are excluded from the coverage of this application. Q: What is the maximum allowable area that may be leased? Under DENR Administrative Order (DAO) No. 34, series of 1999, amy person, corporation, association or partnership may lease not more than 144 hectares. Q: Who are eligible to apply for an FLA? Any Filipino citizen of lawful age can apply for this application. Furthermore, corporations, associations or partnerships with at least 60% of the capital veing owned by Filipino citizens are eligible to apply for an FLA. Q: Where should one file a Foreshore Lease Application (FLA)? The FLA or renewal shall be filed with the Community Environment and Natural Resources Office (CENRO), which has jurisdiction over the area. Q: How much does an application fee cost? An application fee cost Php100.00 plus documentary stamp, which is non-refundable. this is necessary for both new application and renewal. Q: Who has the authority to collect users fee due on foreshore leases? The DENR Field Office (PENRO/CENRO) may be authorized to collect users fee due on leases of foreshore lands and whatever fees accruing in the usage of such areas. Q: For how long can one lease the foreshore area (FLA term)? The term of the Foreshore lease Contract shall be for a period of twenty-five (25) years and renewable for another 25 years, at the option of the lessor (DENR). Q: When should one apply for a renewal of the FLA? Application for renewal shall be filed sixty (60) days prior to its expiration. Q: What are the preparatory requirements for the Foreshore Lease Application? 1. The application shall contain particulars of the following: a. Nature of the proposed utilization/feasibility study; b. Nature of development or activity;

c. Location and size of the area; d. Sketch of the area; e. boundaries and description of said area; f. Other information that the DENR may require. 2. An application shall only be accepted if properly subscribed and sworn to by the applicant, or in the case of juridical person, by its president, general manager or duly authorized agent, and accompanied by the following documents. A. If the applicant is a government employee, a written permission from the department head or head of the agency concerned B. If the applicant is a naturalized Filipino citizen, a copy of the following is necessary: - Certificate of naturalization; - Certification by the Office of the Solicitor General that it has not filed or taken any action for his denaturalization, or any action that may effect his citizenship. C. If the applicant is a corporation, association or cooperative, 3 copies of the following must be submitted: - Articles of incorporation; - By-Laws; - Minutes of the latest organizational meeting of its stockholders/general assembly, electing the present members of the Board of Directors certified by its Secretary; - Minutes of the latest organizational meeting of the Board of Directors, electing the present officers of the corporation, association, or cooperative, certified by its Secretary; - Minutes of the latest organizational meeting of the Board of Directors indicating the authority of the officer to file the application in behalf of the corporation. D. If the applicant uses a name, style or trade name, 3 copies of the following must be submitted: - Certificate of registration of such name, style, or trade name with the Department of Trade and Industry (DTI) certified by the officer of the said Department; - Income tax return for the preceding years, if the applicant was already in existence at the time and required to file said return. E. Boundaries and description of said area. F. Other information that the DENR may require.