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Ang pagpa-titulo ug yuta sa DENR singkwenta pesos (PhP 50.00) lang ang bayad.
Or
(Kini nga impormasyon ang gusto ipahibalo sa bag-o nga DENR Caraga Regional Director Charlie E. Fabre sa tanang katawhan)
#socialjustice
Update as of 7 Feb 2017 6:11 AM: Dili nako matubag tanan ninyong pangutana mao nga nagresearch ko ug nakita nako ni nga blog
ni Atty. Laserna. Medyo taas-taas ni basahon:
For purposes of legal research of foreign readers visiting this blog, on the subject of the legal system involving the titling of public
lands in the Philippines, may I share some basic readings thereon as published in the website of the Department of Environment and
Natural Resources (www.lmb.denr.gov.ph). I have also added a relevant 1999 Supreme Court decision on the same subject matter.
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
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.
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.
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.
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....
FREE PATENT
A free patent is a mode of acquiring a parcel of alienable and disposable public land which is suitable for agricultural purposes, thru
the administrative confirmation of imperfect and incomplete title. Agricultural public lands classified as alienable and disposable are
subject for disposition under Free Patent.
The applicant for a free patent must comply with the following qualifications:
1. He must be a natural born citizen of the Philippines.
2. He must not be the owner of more than twelve (12) hectares of land.
3. The land must have been occupied and cultivated for at least thirty (30) years prior to April 16, 1990 by the applicant or his
predecessors-in-interest and shall have paid the real estate tax thereon.
4. 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
The following are the steps leading to the approval and issuance of a free patent:
1. Filing of application;
2. Investigation;
3. Posting of notice for two (2) consecutive weeks in the provincial capitol or municipal building and barangay hall concerned;
4. Order of approval of application and issuance of patent;
5. Preparation of Patent in Judicial Form 54 and 54-D and the technical description duly transcribed at the back thereof;
6. Transmittal of the Free Patent to the Register of Deeds concerned for the issuance of the corresponding Original Certificate of
Title.
The following officials of the Department of Environment and Natural Resources (DENR) are authorized to approve applications for
homestead and free patents:
1. Up to 5 hectares Provincial Environment and Natural Resources Officer (PENRO)
2. More than 5 Ha. to 10 Ha. Regional Executive Director of the DENR.
(See: http://lmb.denr.gov.ph/free.html).
HOMESTEAD PATENT
Homestead Patent is a mode of acquiring alienable and disposable lands of the public domain for agricultural purposes conditioned
upon actual cultivation and residence.
A Homestead application like any other public land applications should be filed at the DENR-Community Environment and Natural
Resources Office where the land being applied for is located.
Legal Requirements
1. Application fee of P50.00;
2. Entry fee of P5.00;
3. Final fee of P5.00;
4. Approved plan and technical description of the land applied for;
5. Actual occupation and residence by the applicant;
The application to purchase the land is called the Miscellaneous Sales Application and the corresponding patent is called the
Miscellaneous Sales Patent.
Who are Qualified to Apply?
A Filipino citizen of lawful age, married; if single, applicant must be the head or bread winner of the family;
He is not the owner of a home lot in the municipality/city where the land applied for is located;
He must have occupied in good faith the land applied for and constructed a house thereon where he/she and family is actually
residing.
Requirements in the filing of a Miscellaneous Sales Application under R. A. No. 730
Application Filing fee of P50.00;
Approved plan and technical description of the land applied for;
Affidavit of the applicant stating that:
He is not the owner of any other home lot in the municipality/city where he resides.
He is requesting that the land be sold to him under the provision of R. A. No. 730.
If the applicant is single, he must submit an affidavit stating that he is the head or bread winner of the family;
The land is not needed for public use.
Presidential Decree No. 2004 dated December 30, 1985 amended Section 2 of Republic Act 730 thus, lands acquired under this Act
before and after the issuance of patent thereon are no longer subject to any restriction.
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