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Understanding land

patents
By: Sara Mae D. Mawis - @inquirerdotnet
Philippine Daily Inquirer / 05:42 AM June 30, 2018

Since his assumption to office, President Duterte has initiated land reform
programs throughout the country.

For instance, Mr. Duterte ordered the Department of Agrarian Reform to proceed
with the reinstallation of farmer-beneficiaries to the 145-ha banana plantation
controlled by agribusiness firm Lapanday Foods Corp. in Tagum City, Davao del
Norte. He also gave titles for a total land area of 2,694 ha to 2,314 agrarian reform
beneficiaries in Cabatuan, Iloilo.

He further directed that Boracay cease its operations on April 26, 2018 for its reform
and eventual distribution to farmers.

“I will go ahead and forge a good land reform until the end of my term,” Duterte
earlier said in his speech at the National Information and Communications
Technology Summit 2018. “I’ll distribute it all.”

In order to effectively transfer title to public land under Duterte’s land reform
program, the corresponding instrument of alienation, grant, patent or conveyance must
have been filed in the Register of Deeds of the province or city where the land lies.
Section 103 of the Property Registration Decree states that it shall be the duty of the
official issuing said instrument to cause such registration, after which a certificate of
title shall be entered as in other cases of registered land and an owner’s duplicate
issued to grantee.
Understanding land
patents
By: Sara Mae D. Mawis - @inquirerdotnet
Philippine Daily Inquirer / 05:42 AM June 30, 2018

Since his assumption to office, President Duterte has initiated land reform
programs throughout the country.

For instance, Mr. Duterte ordered the Department of Agrarian Reform to proceed
with the reinstallation of farmer-beneficiaries to the 145-ha banana plantation
controlled by agribusiness firm Lapanday Foods Corp. in Tagum City, Davao del
Norte. He also gave titles for a total land area of 2,694 ha to 2,314 agrarian reform
beneficiaries in Cabatuan, Iloilo.
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He further directed that Boracay cease its operations on April 26, 2018 for its
reform and eventual distribution to farmers.

“I will go ahead and forge a good land reform until the end of my term,” Duterte
earlier said in his speech at the National Information and Communications
Technology Summit 2018. “I’ll distribute it all.”

In order to effectively transfer title to public land under Duterte’s land reform
program, the corresponding instrument of alienation, grant, patent or conveyance
must have been filed in the Register of Deeds of the province or city where the
land lies. Section 103 of the Property Registration Decree states that it shall be the
duty of the official issuing said instrument to cause such registration, after which a
certificate of title shall be entered as in other cases of registered land and an
owner’s duplicate issued to grantee.

The deed, grant, patent or instrument shall not take effect as a conveyance or bind
the land, but shall operate only as a contract between the government and the
grantee and as evidence of authority of the Register of Deeds to make registration.
The registration of said instrument shall be the operative act to affect and convey
the land, which fees shall be paid by the grantee.

After due registration and issuance of the certificate of title, such land shall be
deemed to be registered land to all intents and purposes under the Property
Registration Decree.

Under the Public Land Act, the government may issue homestead, free, sales, and
special patents.

A homestead patent may be issued to a Filipino citizen over 18 years of age or the
head of a family, who: (a) does not own more than 24 ha of land in the Philippines;
or (b) has not had the benefit of any gratuitous allotment of more than 24 ha of
land since the occupation of the Philippines by the United States; and (c) (i) must
have resided continuously in the municipality where the land is situated for at
least one year; and (ii) must have cultivated at least 1/5 of the land applied for.

Meanwhile, a free patent may be issued to any natural-born Filipino citizen who:
(a) (i) is not the owner of more than 12 ha of land; and (ii) 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; and (b) shall
have paid the real taxes thereon while the same has not been occupied by any
person.

Under Section 118 of the Public Land Act, lands acquired under a free or
homestead patent may not be conveyed within five years from its grant. The
conveyance of such land within the five-year period shall be void.

eanwhile, a sales patent may be issued to: (a) a Filipino citizen of lawful age or such
citizen not of lawful age who is a head of a family; and (b) who purchased public
agricultural land of not more than 12 ha.

Said land is sold by public auction and thereafter awarded to the highest bidder. If
there were two or more equal bids which are higher than the others, and one of such
equal bids is the person applying for the sales patent, such applicant’s bid shall be
accepted.
If the applicant’s bid is not one of such equal or higher bids, the land shall be
submitted for public bidding, and shall thereafter be awarded to the highest bidder.
The purchaser of the land must have broken and cultivated not less than 1/5 thereof
within five years from the date of such award. Before a sales patent thereon is issued,
the purchaser must show occupancy, cultivation, and improvement of at least 1/5 of
the land applied for until the date on which final payment is made.

Meanwhile, special patents may be issued either: (a) to majority of non-Christian


inhabitants of any given reservation who have advanced sufficiently in civilization, as
may be determined by the Department of Interior and Local Government Secretary; or
(b) as payment of landed estates acquired by the government under Republic Act No.
926.

Free patent (land title); when and how issued; requisites - G.R. No. 189647
G.R. No. 189647
"x x x.
A Free Patent may be issued where the applicant is a natural-born citizen of the Philippines; is
not the owner of more than twelve (12) hectares of land; has continuously occupied and
cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of
agricultural public land subject to disposition, for at least 30 years prior to the effectivity of
Republic Act No. 6940; and has paid the real taxes thereon while the same has not been
occupied by any person.[19]
Once a patent is registered and the corresponding certificate of title is issued, the land covered
thereby ceases to be part of public domain and becomes private property, and the Torrens Title
issued pursuant to the patent becomes indefeasible upon the expiration of one year from the
date of such issuance.[20] However, a title emanating from a free patent which was secured
through fraud does not become indefeasible, precisely because the patent from whence the
title sprung is itself void and of no effect whatsoever.[21]
On this point, our ruling in Republic v. Heirs of Felipe Alejaga, Sr.[22] is instructive:
True, once a patent is registered and the corresponding certificate of title [is] issued, the land
covered by them ceases to be part of the public domain and becomes private property. Further,
the Torrens Title issued pursuant to the patent becomes indefeasible a year after the issuance
of the latter. However, this indefeasibility of a title does not attach to titles secured by fraud
and misrepresentation. Well-settled is the doctrine that the registration of a patent under the
Torrens System does not by itself vest title; it merely confirms the registrant’s already existing
one. Verily, registration under the Torrens System is not a mode of acquiring
ownership.[23] (citations omitted)
EXPLANATORY NOTE

Commonwealth Act (CA) No. 141, otherwise known as the Public Land Act, is the

general law governing the classification, delineation, survey and disposition of alienable

lands of the public domain. One of the modes of acquiring public lands under this law is

by administrative legalization of imperfect title - more popularly known as Free Patent.

Historically, it was intended to legalize the undocumented private lands of native-born

Filipinos who were found to be occupying and cultivating such lands for a certain period .

HISTORICAL BACKGROUND OF PUBLIC LAND ACT OR CA


141
> Governed the disposition of lands of the public domain

> Prescribed rules and regulation of the homesteading, selling and leasing of portions of
the public domain, and prescribed the terms and conditions to enable persons to perfect
their titles to public lands in the Philippines

> Also provided for the issuance of patents to certain native settlers upon public lands for
the establishment of town sites and sale of lots therein, for the completion of imperfect
titles and for the cancellation or confirmation of Spanish concessions and grants in the
islands

> The second Public Land Act was more comprehensive in scope but limited the
exploitation of agricultural lands

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