DENR Administrative Order No. 2010-26 oct.

13, 2010
 Appraisal:
Property classified as residential or agricultural or primarily used for institutional or recreational
purposes – must not be less than the average of the current zonal and assessed value thereof.
Property classified as commercial or industrial- the appraised or re-appraised value shall be not less
than the zonal value or market value thereof whichever is higher.
If the property has not yet been declared for taxation purposes or its market value is not available-
market value of other properties located in the area or adjacent barangay/ municipality/ City which is of similar
character with that of the property being appraised of shall be used
If the zonal value is not available- the zonal value of properties of similar character in the area or
adjacent barangay/ municipality/ City Shall be used.
 Parts of an appraisal report:
1. Identity area and location
2. Classification
3. Actual potential uses of the property
4. Improvements, if any
5. Brief description of the existing vicinity such as presence of roads, ports and other
infrastructures and existing social and economic activities
6. Location Map of the property and a sketch plan of the existing improvements therein, if any
7. Latest MARKET VALUE and zonal valuation
8. Other relevant information
CA 141: Sec. 116: -Appraisal and reappraisal shall be made by the director of lands with the approval of the
Secretary of Agriculture and Natural Resources. Re-appraisal shall not be made with an increase of more than
100% upon the appraisal or re-appraisal.
Appraisal and Value of the Improvements: Section 14-C-5, LAO 8-3: the fee shall not be less than 3% per
annum of the value of the land plus 1% of the value of the improvements existing or to be erected thereon.

DIFFERENT TYPES OF APPLICATIONS:

 FLA- agreement executed between DENR and the applicant to occupy, develop, utilize and manage
the foreshore and marshy lands and other lands bordering bodies of water for commercial, industrial
or other productive purposes other than agriculture.

-Jurisdiction over utilization:

-If lands of the public domain are located within the a and d area, the right to lease
them may be obtained from the lands sector.
-If they are located within the unclassified public forest or proclaimed timber lands,
or established forest reserves, the right to lease them may be acquired from the Forestry
Sector or BFAR, if the acquisition thereof is intended for fishpond purposes.

-Riparian owner- owner of the property adjoining foreshore lands.

Privilege:
a. Preferential right to apply
b. Within 60 days upon receipt of “notice of preferential rights” for such land
adjoining his property.

-Salvage zone- lands measuring 20meters measured landward from the interior limit of the
shoreline for easement purposes.
-Who may apply?
a. Any Filipino citizen of legal age;
b. Corporation, association or partnership duly constituted and organized under laws
of the Philippines; at least 60% of the capital is owned by Filipino citizens.
 -Area limits?
a. Individual- not more than 500 hectares
b. Corporation/Association/Partnership- not more than 1000 hectares

-Basic implementing rules:

-DAO 2004-24: Revised Rules and Regulations Governing the Administration and
Management of Foreshore Lands
-DAO 98-20: Revised Rules and Regulations Governing the Administration and
Management of Foreshore Lands

-Survey Authority
-RED- if area is more than 100 hectares
-ARD-TS of area is 12 hectares or up to 100 hectares
-CENRO- area is 12 hectares and below

-Salvage Zone of 20 meters

-Easement of Coast Police, right of way- 6 meters
-Road right-of-way of not less than 3 meters provided by the lessee

-Occupation Fee/Permit Fees:

-Shall not be less than 3% of the appraised value of the land and 1% for the
improvements, reappraisal be made at more than 100% increase of the appraisal.

-Accrued Interest- simple interest at the rate of 4% per annum from and after the date in
which the debtor shall become delinquent.

 MLA- type of application covering either a combination of dry land, foreshore land or permanently
underwater land depending on the limitations as certified by PPA, PTA and DPWH
 Provisional Permit- a permit used for the temporary occupation and use of a tract of land covered by
a prescribed public land application.
 Revocable Permit- a permit used for the temporary occupation and use of tract of land not covered
by a regular public land application.

- Supporting documents:
a. If naturalized Filipino citizen, copy of his certificate of naturalization
b. In case of corporation, association or partnership:
b.1. Articles of Incorporation & Certificate of Registration from SEC
b.2. Three copies of Board Resolution authorizing the President or any presentative to apply
for FLA
c. If applicant uses a name, style or trade name, other than his/its true name, three copies of
Certificate of Registration of such name, style or trade name from the DTI & SEC
d. Approved plan & technical description of the land applied for
e. Certification from the regional heads, whenever applicable, of the ff. agencies/offices having
jurisdiction over the area that the land applied for is not needed for public use:
e.1. DOT
e.2. PPA
e.3. Mun./District/City Engineer’s Office with the
concurrence of the Regional Director of DPWH
e.4. PRA
f. Development plan of the area stating the financial and technical capability of the applicant to
undertake the project
 Process:
1. Filing and acceptance of application;
2. Referral to Land Investigator/Deputy Public Land Inspector for investigation and ocular inspection;
3. Preliminary investigation and submission of report by the Investigator to the CENR Officer;
4. Conduct and submission of appraisal report by the CENR Officer to PENR Officer, RED or Secretary;
5. Approval of appraisal and grant of authority to conduct public bidding;
6. Publication/posting;
7. Public bidding and submission of report;
8. Issuance of Order of Award;
9. Signing of agreement by the awardee and approval; and
10. Notarization and transmittal of approves FLA to the applicant by CENRO.

RA No. 10023 - AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTAL

LANDS:

Highly urbanized cities- not exceed 200 square meters

Other cities- should not exceed 500 square meters
1st and 2nd class municipalities- should not exceed 750 square meters
All other municipalities- should not exceed 1000 square meters

Shall not exceed 12 hectares.

QUALIFICATION FREE PATENT HOMESTEAD

AGE none 18 yrs. or head the of family

CITIZENSHIP Natural born Filipino

LANDHOLDINGS -12 hectares, -12 hectares, 1987 constitution

1987 constitution -5 hectares DENR MC No. 72 dated Nov. 20, 1989. RA6657
-5 hectares DENR
MC No. 72 dated
Nov. 20, 1989.
RA6657
 OCCUPATION 30 yrs. Shall enter into the land within 6 months after approval of application
and have paid entry fee.

CULTIVATION Fully-cultivated Actual and have cultivated at least 1/5 of the area within a period not
less than one (1) year but not more than five (5) years

ACTIVITY/LIMITS OF AUTHORITY APPROVING AUTHORITY

1. For Homestead and Free
Patents
- Up to 5 hectares (ha)- PENRO
- More than 5 ha to 10 ha- RED

2. For Sales
- Up to 1,000 square meters - PENRO
- More than 1,000 sq m to 5 ha - RED

3. Insular Government Property Sales Application (IGPSA)/Government Sales Application

(GSA)
- Up to 3 ha - RED