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LASERNA
Sa mga nagbabalak magpatitulo ng lupa, basahin nyo po ito bago kayo maloko!
Singkwenta pesos (PhP 50.00) lang ang bayad sa pagpapatitulo ng lupa sa DENR. ( Reference: Caraga New
DENR Regional Director, Charlie E. Fabre)
Or Package: PhP 185.00 - including the application fee, stamp & clearance.
Di kailangan magbayad ng 10,000 or 20,000 ++. Walang bayad ang survey dahil binabayaran at pinapasahod
ng gobyerno ang surveyor!
This is the new information that the new DENR wants the people to know!
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Update as of 7 Feb 2017 6:11 AM: Read this blog below of Atty. Laserna. Though this is quite long but it's
worth reading it.
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.
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.
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
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.
For original registration, when no title has yet been issued over a parcel of land, it can be acquired either by:
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.
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....
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:
(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.
A married woman can now apply for a patent application under DAO-2002-13 dated June 24, 2002 issued by
the then Secretary of the Department of Environment and Natural Resources Heherzon T. Alvarez. This is in
accordance with Article II, Section 14 of the Constitution and Republic Act No. 7192 otherwise known as the
"Women in Development and Nation Building Act" as implemented by DAO No. 98-15 of May 27, 1998 on
"Revised Guidelines on the Implementation of Gender and Development (GAD) Activities in the DENR". This
Administrative Order gives women, equal right as men in filing, acceptance, processing and approval of public
land applications.
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;
1. Filing of application;
2. Preliminary Investigation;
3. Approval of application;
4. Filing of final proof which consists of two (2) parts;
a. Notice of intention to make Final Proof which is posted for 30 days.
b. Testimony of the homesteader corroborated by two (2) witnesses mentioned in the
notice. The Final Proof is filed not earlier than 1 year after the approval of the
application but within 5 years from the said date.
5. Confirmatory Final Investigation;
6. Order of Issuance of Patent;
7. Preparation of patent using Judicial Form No. 67 and 67-D and the technical description
duly inscribed at the back thereof;
8. Transmittal of the Homestead patent to the Register of Deeds concerned.
REPUBLIC ACT NO. 730 is an act permitting sale without public auction of alienable and disposable lands of
the public domain for residential purpose.
The application to purchase the land is called the Miscellaneous Sales Application and the corresponding
patent is called the Miscellaneous Sales Patent.
- 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.