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An Act Authorizing The Issuance of Free Patents To Residental Lands

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RA 10023

AN ACT AUTHORIZING THE ISSUANCE OF


FREE PATENTS TO RESIDENTAL LANDS
What are the modes of disposition or how
can one acquire title over A&D lands?
What are the modes of disposition or how
can one acquire title over A&D lands?
1. by Homestead patent
2. by Sales Patent
3. by Lease
4. by Free Patent or
Administrative legalization
RA 10023
-authorizes issuance of a free patent title to residential lands
subject to following maximum area limitations:

200 square meters(0.02ha) highly urbanized cities


500 square meters(0.05ha) other cities
750 square meters(0.75ha) 1st and 2nd class
municipalities
1000 square meters(0.1ha) other municipalities
RA 10023
-passed as law on March 9, 2010

-reduced the period of eligibility for titling from 30


years to 10 years of untitled public alienable and
disposable lands which have been zoned as
RESIDENTIAL and enables applicants to apply with
CENRO of the DENR having jurisdiction over the
parcel of land subject of the application.
Requisites
1. Applicant must be a Filipino citizen.
2. Land applied for is not needed for public service and/or
public use.
3. Land must be within a residential zone, covered by a
survey plan that is approved by DENR.
4. Land is actually possessed and occupied by applicant for
at least 10 years prior to application as shown by affidavits
of residents of the municipality/city.
5. He must not be the owner of more than 12 hectares
(120,000 square meters) of land (inclusive of the subject
land).
6. 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
CENRO
Sec. 6
Community Environment and Natural Resources Office
mandated to process the application within 120 days to include
compliance with the required notices and other legal
requirements, and forward its recommendations to the PENRO
(Provincial Environment and Natural Resources Office) which
shall approve or disapprove the patent within 5 days.

If approved, a patent will be issued. In case of conflicting


claims among different claimants, parties may seek proper
judicial remedies.
Proceeding is Administrative in
Nature
Original registration of a parcel of land can be acquired
by:
1. Judicial Proceeding (filing a petition for registration
in Court-PD 1529)

2. Administrative Proceeding- filing an appropriate


application for patent (e.g. homestead) in the
Administrative body (DENR) thru PENRO and CENRO.

The Registration of such Patent becomes the basis for


Issuance of Original Certificate of Title by Register of
Deeds.

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