Allan Willard M. EstilloreLands Management Officer(LMO)

Chief, Lands Management Service

DENR-CENRO Batangas City

PROCESS FLOW OF RESIDENTIAL FREE PATENT APPLICATIONS

Process Outline

Lot identification Verification of the applicant’s

claim Field verification

• The investigation process involves:

I. Lot identification

II.Verification of the applicant’s claim

III.Field verification and

IV.Records verification

I. Land Investigation

A. Lot Identification Ascertain and identify properly the parcel of land

applied for patent; Examine:

– (1) documents/proofs of ownership & acquisition which identify and define the lot with certainty;

– (2) tax declaration of the property; – (3) available sketch/tax map/survey plan/cadastral map.

Establish whether the lot being claimed covers an entire area of a cadastrally surveyed parcel of land, or a mere part or portion thereof.

Parcel identification based on the following:• 1. Documents/proofs of ownership & acquisition (Deed of Sale,

Deed of Donation, etc.) which identify and define the lot with certainty, citing the lot area, boundaries and location of the property;

• 2. Tax declaration of the property, identifying thereon the lot area, boundaries and location of the land;

• 3. Survey plan/cadastral map or sketch plan covering the land applied for patent. (Lot area described in the survey plan should tally with the land area indicated in the tax declaration and the documents and the same does not exceed the area limitation set forth by Residential Free Patent Law.)

– Ascertain whether the lot being claimed for issuance of residential free patent covers an entire area of a cadastrally surveyed parcel of land, or a mere part or portion thereof. This fact is described and shown in the survey plan/cadastral map, the tax declaration and usually indicated in the supporting proofs of ownership submitted by the applicant.

– Ensure that the lot being applied for residential free patent complies with the area limitation as prescribed by RA 10023:

• a) Highly Urbanized Cities = 200 square meters

• b) Other Cities = 500 square meters

• c) 1st & 2nd Class Municipalities = 750 square meters

• d) All other Municipalities = 1,000 square meters

B. Verification of the Applicant’s Claim

Applicant must present valid documents or proofs of ownership and acquisition of the lot;

Establish proper claim to the land, tracing back to the original owner/occupant/survey claimant;

Find out whether the applicant possesses any survey plan previously approved in his name, or that of his predecessor-in-interest (especially when the lot applied for is a subdivided portion of a mother lot/cadastral lot).

C. Field VerificationConduct ocular inspection over the land to verify: Actual occupation/possession; Whether the documents presented specifically pertains to the lot

subject of the ocular inspection; Whether the land is affected by any case of claims & conflicts; Whether the lot is owned by the applicant in its entirety or just a

portion thereof; or whether there is a need to survey or subdividethe property;

Whether the lot boundaries are properly established on the groundand as described in the available plan/map, the tax declarationand other documents presented;

Actual use of the land and the improvements/structures thereon; Whether the lot falls within an area subject of proclamation or

reservation, or lands reserved for public use or purposes; and Whether the lot applied for is not within legal easements/salvage

zone of rivers/seas/waterways or established ‘no-build’ zones

II. Records Verification

• Ensure that the land is Alienable & Disposable (A & D); lot being applied for residential free patent can be subject for disposition and eligible for titling in favor of private claimant/applicant;

• Verify whether the lot being applied for patent is not covered by subsisting public land application;

• Whether there is a pending case of claims and conflicts or complaint affecting the disposition of the land;

• Whether a patent/title has already been issued;

• Whether it has been the subject of a previous survey to subdivide or consolidate the properties;

• Whether there is a pending administrative, civil or land registration case affecting the land applied for patent

III. Filing & Processing of the Application at the DENR-CENRO

Verification and investigation clearly established the applicant’s claim over the land

Land Investigator/DPLI subscribes and sign the application

Public Land Application is officially recorded, numbered and indexed.

Applicant pays the application fee and the required documentary stamps

A. Completion of Forms & Documents1. Examine submitted documents to ensure that the

applicant is qualified applicant for residential free patent.2. Accomplish application forms, duly subscribed by the

assigned Land Investigator/Inspector.3. Pertinent affidavits of the witnesses in support of the

applicant’s claim and ownership of the residential lot, as well as any necessary sworn statement of the applicant are attached to the RFPA.

4. Compliance with other requirements such as Community Tax Certificate, Clearance/ Certification from the LGU/Municipal/City Planning and Development Office that the land is within an area zoned as residential.

5. Ensure that the land applied for is issued clearance by the Court who had jurisdiction over the area and/or the Land Registration Authority, if necessary.

A. Completion of Forms & Documents1. Examine submitted documents to ensure that the applicant is

qualified applicant for residential free patent.2. Accomplish application forms, duly subscribed by the assigned

Land Investigator/Inspector.3. Pertinent affidavits of the witnesses in support of the

applicant’s claim and ownership of the residential lot, as well as any necessary sworn statement of the applicant are attached to the RFPA.

4. Compliance with other requirements such as Community Tax Certificate, Clearance/ Certification from the LGU/Municipal/City Planning and Development Office that the land is within an area zoned as residential.

5. Ensure that the land applied for is issued clearance by the Court who had jurisdiction over the area and/or the Land Registration Authority, if necessary.

B.L. Form V-37

C. Verification with the Forest Management Services (FMS)

To determine that the land is indeed Alienable and Disposable , as per Land Classification Map > FMS issues Certification that the land is A & D

B. Research > Check > Verify Technical Description

Accomplish Form V-37; Check the boundaries; computation; check if the polygon is closed; sketching of the parcel covered by the application

D. Issuance of Judicial Form (JF)Typing/encoding of the TD and pertinent data of

the land and applicant’/patentee’s information;

Technical verification/ checking of the typed/encoded TD and review/signature of the Geodetic Engineer/Chief, Survey Party;

E. Examination of the Application by the Land Examiner(s)Verify completion of documents; detailed review;

Check the dates and entry of data on supporting documents;

Check typographical errors on the application and Judicial Form

F. Review and Examination by the LMO/ Chief, Land Management ServicesSignature/Initial on the Patent & Order for

Approval and Issuance of Patent

Preparation of Transmittal to the PENRO

G. Review and Indorsement By the CENR Officer (CENRO)Signature/Initial on the Patent & Order for

Approval and Issuance of Patent

CENRO signs Transmittal to the PENRO

IV. Final Review & Examination at the PENRO

A. Review by the Chief, LMS-PENROSignature/Initial on the Patent & Order for

Approval and Issuance of Patent

Forward the Patent application to the PENR Officer (PENRO)

B. PENR OfficerApproval/Signature on the Patent & Order for

Approval and Issuance of Patent

Transmits the Patent to the Register of Deeds for registration

LANDS Covered by Republic Act No. 10023“The Act Authorizing the Issuance of Free Patents to Residential Lands”

DENR Administrative Order 2010-12 (IRR of RA 10023)

Residential Lands > Issuance of Residential Free Patents

Commercial / Industrial lands

MIXED Residential-Commercial

MIXED Residential-Industrial

Residential Free Patent Applications(RFPAs)

COVERAGE: “Land must be A & D (alienable & disposable”

>Lands identified and zoned as residential by theLGU through appropriate ordinance provided thatthe land applied for is not needed for publicservice and/or public use> Include Residential Lands within the areaszoned as mixed residential & commercial ormixed residential & industrial (“built up areas”)

Qualifications of Applicant for Residential Free Patent

• Filipino Citizenship

• Actual occupation, actual residence &continuous possession & occupation of the land, either by himself or thru his/her predecessor-in-interest, under a bonafide claim of ownership, for at least 10 years prior to the filing of the application

• Landholdings should not exceed 12 hectares

Requirements for Application (RFPAs) • Copy of the approved plan or cadastral

map

• Copy of technical description of the land

• Affidavit of two (2) disinterested persons residing in the place where the land is located, attesting to the truth of the facts contained in the application to the effect that the applicant has, either by himself or thru his predecessor-in-interest actually resided on & continuously possessed & occupied, under a bona fide claim of acquisition of ownership, the subject land for at least ten (10) years

Other Requirements for RFPAs

• Certified Copy of the latest tax declaration

• Certification from the RTC/MTC that the land is not covered by land registration case and other civil or criminal case

• Proof of acquisition & ownership of the property (deed of sale, extra-judicial settlement of estate, deed of donation, waiver of rights, etc.)

Area Limitations (Residential)

• Highly Urbanized Cities = 200 square meters

• Other Cities = 500 square meters

• 1st & 2nd Class Municipalities = 750 square meters

• All other Municipalities = 1,000 square meters

Restrictions on encumbrance does not apply to Residential Free Patents (R.A. 10023)