6/22/2014 Land Management Bureau - Free Patent

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Free Patent
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, prov ided that in highly urbanized cities the land should not exceed two
hundred (200) square meters; in other cities it should not exceed fiv e hundred (500) square
meters; in first class and second class municipalities it should not exceed sev en hundred fifty (7 50)
square meters; and in all other municipalities it should not exceed one thousand (1 000) square
meters; prov ided further, that the land applied for is not needed for public serv ice and/or public
use.
Coverage
This Act shall cov er all lands that are zoned as residential areas, including town sites as defined
under the Public Land Act; Prov ided, That none of the prov isions of Presidential Decree No. 7 05
shall be v iolated. Zoned residential areas located inside a delisted military reserv ation or
abandoned military camp, and those of local gov ernment units or town sites which preceded
Republic Act No. 7 586 or the NIPAS Law, shall also be cov ered by this Act.
Application
The application on the land applied for shall be supported by a map based on an actual surv ey
conducted by a licensed geodetic engineer and approv ed by the Department of Env ironment and
Natural Resources (DENR) and a technical description of the land applied for together with
supporting affidav it 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 (1 0) y ears and has complied
with the requirements prescribed in Section 1 hereof.
Special Patents
Notwithstanding any prov ision of law to the contrary and subject to priv ate rights, if any , public
land actually occupied and used for public schools, municipal halls, public plazas or parks and
other gov ernment institutions for public use or purpose may be issued special patents under the
name of the national agency or local gov ernment unit concerned; Prov ided, 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 approv ed ordinance if owned by
the local gov ernment unit.
Removal of Restrictions
The restrictions regarding encumbrances, conv ey ances, transfers or dispositions imposed in
Sections 1 1 8, 1 1 9, 1 21 , 1 22, and 1 23 of Chapter XIII, Title VI of Commonwealth Act No. 1 41 , as
amended, shall not apply to patents issued under this Act.
Period for Application
All applications shall be filed immediately after the effectiv ity of this Act before the Community
Env ironment Natural Resources Office (CENRO) of the DENR. The CENRO is mandated to process
the application within one hundred and twenty (1 20) day s to include compliance with the
required notices and other legal requirements, and forward his recommendation to the Prov incial
Env ironment Natural Resources Office (PENRO), who shall hav e fiv e (5) day s to approv e or
disapprov e the patent. In case of approv al, 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 prov isions of this Act, and shall see to it that such are gender responsiv e.
Repealing Clause
All laws, decrees, executiv e orders, executiv e issuances or letters of instruction, rules and
6/22/2014 Land Management Bureau - Free Patent
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regulations, or any part thereof, inconsistent with or contrary to the prov isions 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
inv alid by any competent court, other parts or prov isions thereof not affected thereby shall
continue to be in full force and effect.
Effectivity Clause
This Act shall take effect fifteen (1 5) day s after its publication in two (2) national newspapers of
general circulation.