Free Patent Act (RA 10023) Implementing Rules and Regulations
Free Patent Act (RA 10023) Implementing Rules and
Regulations
The
following is the full text of the Implementing Rules and Regulations (IRR) for
Republic Act No. 10023, otherwise known as an Act Authorizing the Issuance of
Free Patents to Residential Lands or The Free Patent Act. RA 10023 was signed
into law by President Gloria Macapagal-Arroyo last March 9, 2010. Salient
features of the Free Patent Act can be found here: Free Patent Act (RA 10023)
signed into law. Read the full text of the RA 10023 IRR after the jump.
Republic of
the Philippines
Department
of Environment and Natural Resources
Visayas
Avenue, Diliman, Quezon City
Tel Nos.
(632) 929-66-26 to 29 • (632) 929-62-52
929-66-20 •
929-66-33 to 35
929-70-41
to 43
DENR
Administrative Order
No. 2010-12
SUBJECT: RULES AND REGULATIONS FOR THE ISSUANCE OF
FREE PATENTS TO RESIDENTIAL LANDS UNDER REPUBLIC ACT NO. 10023
Pursuant to
Section 7 of Republic Act No. 10023, otherwise known as An Act Authorizing the
Issuance of Free Patents to Residential Lands (“RA 10023”), mandating the
Director of the Land Management Bureau of the Department of Environment and
Natural Resources to issue the implementing rules and regulations of this Act,
the following rules and regulations specifically pertaining to residential
lands are hereby promulgated:
Section 1. Scope of the Implementing Rules
and Regulations. – This implementing rules and regulations, hereinafter
referred to as the IRR, shall only cover applications for free patents
pertaining to untitled public alienable and disposable lands which have been
zoned as residential. It shall also cover zoned residential areas in proclaimed
townsite reservations.
Section 2.
Definition of terms. – For purposes of RA 10023, the following terms and
phrases as used in this IRR are defined and understood as follows:
2.1. Filipino Citizen – as
enumerated in Article IV Section I of the 1987 Constitution, the following are
citizens of the Philippines:
2.1.1.
Those who are citizens of the Philippines at the time of the adoption of
the 1987 Constitution;
2.1.2.
Those whose fathers or mothers are citizens of the Philippines;
2.1.3.
Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age or majority; and
2.1.4.
Those who are naturalized in accordance with law.
In
addition, a person with dual citizenship as provided for in Republic Act
No. 9225 and its implementing rules and
regulations shall be considered a Filipino citizen.
2.2. Actual occupant – any person who, either by
herself or himself or through her or his predecessor-in-interest, is occupying,
living in, inhabiting or staying in a structure, the primary purpose of which
is to serve as the residence of such person, situated on the parcel of
residential land subject of the free patent application. This is subject to the
requirements under subsections 2.11, 2.12 and 2.13 below.
2.2.1.
For purposes of this IRR, persons employed in distant locations, either
foreign or domestic, in public or private service, such that they are not able
to stay at their place of residence for long periods of time, are deemed actual
occupants.
2.3. Residential lands – all
lands that have been identified and zoned as residential through the
appropriate ordinance by the Local Government Unit (LGU) having jurisdiction
over the area. These include residential lands within areas zoned as mixed
residential and commercial or mixed residential and industrial.
2.4. Alienable and Disposable lands- Lands of
the public domain classified as agricultural that may be acquired through grant
or confirmation of title.
2.5. Town site reservations –
proclaimed areas specifically reserved for the establishment of a new town as
provided for in Chapter XI Title V of C.A. 141 or the Public Land Act as
Amended.
2.6. Highly urbanized cities (HUC) – as
defined in Republic Act No. 7610, otherwise known as the Local Government Code
(LGC), cities with a minimum population of two hundred thousand (200,000)
inhabitants, as certified by the National Statistics Office, and with the
latest annual income of at least Fifty Million Pesos (P50,000,000.00) based on
1991 constant prices, as certified by the city treasurer. Provided that, any
future changes in qualifications for classification as HUC by the concerned
government agency at the time of filing of the application will prevail.
2.7. First class municipalities –
municipalities with an average annual income of Fifty Five Million Pesos
(P55,000,000.00), as provided for in Department Order No. 23-08 of the
Department of Finance, dated July 29, 2008 (DO 23-08). Provided that, any
future changes in qualifications for classification as first class municipality
by the concerned government agency at the time of filing of the application
will prevail.
2.8. Second class municipalities –
municipalities with an average annual income equal to or more than Forty Five
Million Pesos (P45,000,000.00), but not exceeding Fifty Five Million Pesos
(P55,000,000.00), as provided for in DO 23-08. Provided that, any future
changes in qualifications for classification as second class municipality by
the concerned government agency at the time of filing of the application will
prevail.
2.9. Use for Public service –
utilization of parcels of land exclusively by the government or any of its
instrumentalities in providing basic services to the general public, such as,
but not limited to, market places; town, city, provincial, or barangay halls;
hospitals, clinics, and health centers; police stations; outposts; jails; and
the like.
2.10. Public use- utilization of parcels of
land for structures which are open to the general public, including, but not
limited, to public plazas, parks, resorts, roadways, recreational facilities,
libraries, meeting places, playgrounds, public parking lots, and the like.
2.11. Disinterested person any person
who has no claim over the parcel of land subject of the free patent application
and who does not stand to benefit from titling and registration or any other
transaction over such parcel of land. A person is also disinterested when her
or his relation to the cause or to the parties is such that she or he has no
incentive for exaggerating or giving false color to her or his statements, or
for suppressing or perverting the truth or for stating what is false.
2.12. Predecessor-in-interest – a person
who, before having lawfully transferred the parcel subject of the application
to the applicant, has held and possessed the same in her or his own right and
under a color of title acquired through any of the modes or acquisition
recognized by the Civil Code. She or he has formerly occupied this parcel of
land in the concept of an owner under a bona fide claim of ownership, but
relinquishes her or his right over the same in favor of the applicant.
2.13. Actual
residence – utilization of and presence in a residential structure on
the parcel subject of the application with the intention to reside, coupled
with conduct indicative of such intention, either continuous or interrupted or
intermittent, as long as the applicant possesses such structure and the parcel
on which it stands in the concept of an owner.
2.14. Continuous possession and occupation – use
either by the applicant herself or himself, or through her or his
predecessor-in-interest, or the parcel subject of the application in the
concept of an owner. This may be actual possession or occupation, or
constructive possession that provides for non-residence, but with the desire to
come back as soon as practicable. The possession and occupation, whether actual
or constructive, must be without interruption, except when prevented by force
majeure or circumstances beyond human control, or not of intermittent character
while it continues. A person who lawfully recovers possession unjustly lost,
shall be deemed, for all purposes which may redound to her or his benefit, to
have enjoyed it without interruption.
2.15. Bona fide claim of acquisition of ownership – claim
for the parcel subject of the application that is legally adequate as proof of
possession and as acceptable to the community to separate that particular
parcel as being owned by the applicant to the exclusion of others. It means
that the applicant holds the properly by virtue of or through any of the modes
of acquisition recognized by the Civil Code. It also refers to a state of mind
which is manifested by the acts of the applicant, done with honest intention to
abstain from taking an unconscionable or unscrupulous advantage or another. It
is the opposite of fraud and its absence should he established by convincing
evidence.
2.16. Accomplished application – a proper
application form completely and duly filled in with the requisite information
and that which does not require any additional inputs other than those already
provided in the form, together with all other requirements enumerated under
Section 5 of the IRR.
2.17. CENRO – the Community Environment and
Natural Resources Office of the Department of Environment and Natural Resources
(DENR) having jurisdiction over the parcel subject of the application, which
shall accept the accomplished application submitted by the applicant. In the
National Capital Region, the Regional Office shall perform the functions of the
CENRO. Where portions of the parcel subject of the application are spread over
two (2) or more areas under the jurisdiction of more than one (1) CENRO, the
parcel shall be divided such that the portions shall be the subject of separate
free patents applied for in the corresponding CENRO where they are located.
2.18. PENRO – the Provincial Environment and
Natural Resources Office of the Department of Environment and Natural Resources
(DENR) having jurisdiction over the parcel subject of the application, which
has the power to approve or disapprove such application. In the National
Capital Region, the Regional Executive Director shall perform the functions of
the PENRO. Upon approval of the application, the PENRO shall issue the patent
over such parcel of land.
Sec. 3. Qualifications –
Applicants for the issuance of a residential free patent shall possess the
following qualifications, namely:
3.1. Filipino citizenship, as
defined in subsection 2.1. In case of doubt the CENRO or the land investigator
concerned may ask for proof of citizenship such as, but not limited to, a copy
of the birth certificate, passport, decree or order of naturalization, or
certificate of dual citizenship.
3.2. Actual occupation, actual
residence and continuous possession and occupation of the parcel subject of the
application, either by herself or himself or through her or his
predecessor-in-interest, under a bona fide claim of acquisition of ownership,
for at least ten (10) years prior to the filing of the application.
There shall
be no age requirement for applicants as long as minor applicants, aged below
eighteen (18) years old, are duly represented by their legal guardians. The
heirs of a deceased applicant may substitute the applicant provided that they
themselves possess the required qualifications. There shall likewise be no
limit as to the number of applications which may be filed under RA 10023,
provided that the limitations as to the size of the parcel as stated in Section
4 shall not be exceeded.
No
application shall be approved for any individual whose total landholding would
exceed a total of an accumulated twelve (12) hectares, including agricultural
lands, should the application be granted.
Sec. 4. Coverage – The IRR covers all
residential lands that have been identified and zoned through the appropriate
ordinance of the LGU concerned, provided that the land applied for is not
needed for public service and/or public use.
4.1. For highly urbanized cities, the
area shall not exceed two hundred (200) square meters.
4.2. For other cities, the area shall
not exceed five hundred (500) square meters.
4.3. For first class and second class
municipalities, the area shall not exceed seven hundred fifty (750) square
meters.
4.4. For all other municipalities, the
area shall not exceed one thousand (1000) square meters.
In the
determination of the size limitation of the parcel subject of the application,
the above classifications of LGUs at the time of filing of the accomplished
application shall be considered.
All CENROs
shall secure a copy of approved zoning ordinances of cities and municipalities
within their jurisdiction for identification of zoned residential areas. They
shall also secure area certifications from the LGU planning offices that the areas
identified and zoned as residential lands arc not needed for public use or
public service. The LGU zoning at the time of filing of the application shall
be considered for purposes of complying with the zoning requirement.
Sec. 5. Requirements for applications The
applicant ion form accompanied by the requirements enumerated below shall
constitute an accomplished application for the issuance of free patents for
residential lands.
5.1. Copy of approved plan based on an actual survey conducted
by a licensed geodetic engineer or copy of cadastral map showing the parcel of
land applied for. For purposes of securing the approval of a survey, the
application number is not necessary.
5.2. Copy of technical description of the parcel of
land subject of the application. LMB form 700-2A or LMB form
700-2B may be used.
5.3. Simplified sketch of the land parcel showing
the adjacent lots, corners and natural or manmade features that define the
boundaries of the land.
5.4. Affidavit of two (2) disinterested persons
residing in the baranggay 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 (10) years
5.5. For isolated applications, a
certification from the Regional Trial Court that there is no pending land
registration case involving tile land parcel being applied for.
Sec. 6. Procedure in the CENRO for processing
applications – Applications for residential free patent shall be filed in
the CENRO whose jurisdiction covers the area where the parcel of land subject
of the application is situated. This may also include on-site acceptance of
accomplished applications by the CENRO or any of his authorized
representatives. The CENRO may also authorize any public office to accept
applications and to prepare applications and documents for processing.
6.1. No application shall be
accepted/processed without submitting the complete requirements including the
approved plan and technical description. A preliminary assessment of compliance
with the qualifications and documentary requirements based on the checklist may
be made before acceptance of the application and the commencement of the
120-day period.
6.2. Posting of Notices – Upon
receipt of an accomplished application, the CENRO concerned shall cause the
posting of notices for 15 days in two (2) conspicuous places within the
municipality or city, preferably in the location of its office, or any other
place that can be readily seen, such as, but not limited to, public bill
boards, public plazas, municipal/city/barangay halls and market places. The CENRO
shall issue the certificate of posting of notice after the 15 day period has
elapsed.
6.3. The CENRO is required to process the application, including
the publication thereof, within a non-extendible period of one hundred twenty
(120) days from the date of filing of the accomplished application. The 120-day
period starts the moment that an accomplished application leaves the hands of
the applicant and is turned over to the CENRO or any authorized representative
thereof. The period for verification with the records (e.g. determining whether
or not a patent had already been issued for the parcel in question) is included
in the 120-day period. The period for approval of surveys is not included in
the 120-day period. The CENRO may provide for acceptance and processing of
applications by batch (by date or by geography) to comply with the 120-day
processing period.
6.4. Upon approval of the CENRO, the
application and the complete records of the application shall be forwarded to
the PENRO for her or his approval and signature.
6.5. Should the CENRO determine that
the application is incomplete in requirements, she or he shall reject the
application without prejudice to re filing.
6.6. The investigator shall conduct an
ocular inspection on the pared of land applied for and shall determine the
qualifications of the applicant as well as verify the claims of the applicant
on the land. The land investigator is authorized to subscribe proofs,
affidavits and oaths of any kind required or necessary in connection with the application
for residential free patent.
6.7. In case an opposition is filed,
the 120-day period for processing shall be deemed interrupted. The CENRO shall
notify the applicant on the opposition and shall subject the application to the
regular claims and conflict procedures of the DENR.
6.8. The CENRO shall fast track the
resolution of all claims and conflicts arising from residential free patent
applications within120 days and shall notify the conflicting parties within 15
days from the date of resolution. The CENRO shall apply alternative dispute
resolution (ADR) mechanisms in the resolution of claims and conflicts.
6.9. The CENRO shall establish a
computerized data base and system of record keeping with respect to all public
land applications and patents arising from the implementation of this Act.
Sec. 7. Procedure in the PENRO – Upon the
recommendation of the CENRO concerned, the corresponding PENRO shall have a
non-extendible period of five (5) days from receipt of such recommendation to
either approve and sign the patent or disapprove the application.
In case of
approval, the PENRO shall notify the applicant within 15 days and forward the
patent to the Registry of Deeds
In case of
disapproval, the PENRO shall notify the applicant within 15 days and remand the
entire records to the CENRO for appropriate action.
The PENRO
may disapprove the application without prejudice to re-filing on the grounds of
non-compliance with documentary requirements. He/she may disapprove an
application with prejudice to refilling on grounds of non-qualification of the
applicant and when the land applied for should undergo claims and conflict
resolution procedures.
The
disapproval of the application by the PENRO may be appealed to the Secretary of
the DENR through appropriate channels
Sec. 8. Other Pending Applications – Pending
miscellaneous sales applications falling within the purview of RA 10023 prior
to the order of award may be converted to applications for residential free
patent. Provided, that the applicant is informed and his/her consent is
obtained.
All pending
miscellaneous sales application after the order of award and those applicants
thereof who have commenced payment on any of the required equal annual
installments shall be given the option to continue with the miscellaneous sales
application or to convert their application into an application under RA 10023,
provided that an affidavit of relinquishment of rights to the MSA and of
forfeiture of previously paid installments shall be executed.
The
conversion of pending Miscellaneous Sales Applications shall comply with the
area limits specified in Section 4.
The CENRO
shall issue an order’ cancelling the miscellaneous sales application and
converting the MSA to a residential free patent application.
Townsite
sales applications falling within the qualifications of R.A. 10023 and before
the bidding has been conducted, may also be converted to residential free
patent applications. Provided, that the applicant consents to the conversion
and provided further, that the applicant relinquishes any other type of claim
through an affidavit. And provided further, that the conversion shall comply
with the area limits specified in Section 4.
Sec. 9. Removal of Restrictions – The
following restrictions under Chapter XIII, Title VI of Commonwealth Act No. 141
shall not be applicable to patents issued under RA 10023, to wit:
“Section 118. Except in favor of the Government
or any of its branches, units, or institutions, lands acquired under free
patent or homestead provisions shall not be subject to encumbrance or
alienation from the date of the approval of the application and for a term of
five years from and after the date of issuance of the patent or grant, nor
shall they become liable to the satisfaction of any debt contracted prior to
the expiration of said period, but the improvements or crops on the land may be
mortgaged or pledged to qualified persons, associations, or corporations.
No alienation, transfer, or conveyance of any
homestead after five years and before twenty-five years after issuance of title
shall be valid without the approval of the Secretary of Agriculture and
Commerce, which approval shall not be denied except on constitutional and legal
grounds.”
“Section 119. Every conveyance of land acquired
under the free patent or homestead provisions, when proper, shall be subject to
repurchase by the applicant, his widow, or legal heirs, within a period of five
years from the date of the conveyance.”
“Section 121. Except with the consent of the
grantee and the approval of the Secretary of Natural Resources, and solely for
commercial, industrial, educational, religious or charitable purposes or for a
right of way, no corporation, association, or partnership may acquire or have
any right, title, interest, or property right whatsoever to any land granted
under the free patent, homestead, or individual sale provisions of this Act or
to any permanent improvement on such land. The provisions of Section 124 of
this Act to the contrary notwithstanding, any acquisition of such land, rights
thereto or improvements thereon by a corporation, association, or partnership
prior to the promulgation of this Decree for the purposes herein stated is
deemed valid and binding; Provided, That no final decision of reversion of such
land to the State has been rendered by a court; And Provided, further, That
such acquisition is approved by the Secretary of Natural Resources within six
(6) months from the effectivity of this Decree.”
“Section 122. No land originally acquired in
any manner under the provisions of this Act, nor any permanent improvement on
such land, shall encumbered, alienated, or’ transferred, except to persons,
corporations, associations, or partnerships who may acquire lands of the public
domain under this Act or to corporations organized in the Philippines
authorized therefor by their charters.
Except in
cases of hereditary succession, no land or any portion thereof originally
acquired under the free patent, homestead, or individual sale provisions of
this Act, or any permanent improvement on such land, shall be transferred or
assigned to any individual, nor shall such land or any permanent improvement
thereon be leased to such individual, when the area of said land, added to that
of his own, shall exceed one hundred and forty-four hectares. Any transfer,
assignment, or lease made in violation hereof, shall be null and void.”
“Section 123. No land originally acquired in
any manner under the provisions of any previous Act, ordinance, royal order,
royal decree, or any other provision of law formerly in force in the
Philippines with regard to public lands, terrenos baldios y realengos, or lands
of any other denomination that were actually or presumptively of the public
domain, or by royal grant or in any other form, nor any permanent improvement
on such land, shall be encumbered, alienated, or conveyed, except to persons,
corporations or associations who may acquire land of the public domain under
this Act or to corporate bodies organized in the Philippines whose charters
authorize them to do so; Provided, however, That this prohibition shall not be
applicable to the conveyance or acquisition by reason of hereditary succession
duly acknowledged and legalized by competent courts; Provided, further, That in
the event of the ownership of the lands and improvements mentioned in this
section and in the last preceding section being transferred by judicial decree
to persons, corporations or associations not legally capacitated to acquire the
same under the provisions of this Act, such persons, corporations, or
associations shall be obliged to alienate said lands or improvements to others
so capacitated within the precise period of five years; otherwise, such
property shall revert to the Government.”
Sec. 10. Separability Clause. – If, for
any reason, any section or provision of this implementing Rules and Regulations
is declared null and void, no other section, provision, or part thereof shall
be affected and the same shall remain in full force and effect.
Sec. 11. Repealing Clause. – All
orders, circulars, memoranda and other issuances inconsistent herewith are
hereby repealed and/or amended accordingly.
Sec. 12. Effectivity. – This order shall take
effect fifteen (15) days after the publication thereof in a newspaper of
general circulation and acknowledgment of receipt of a copy from the Office of
the National Administrative Register.
Approved:
(Sgd.)HORACIO
C. RAMOS
Secretary
Recommending
Approval
(Sgd.)
ATTY. ALLAN V. BARCENA
Director,
Land Management Bureau
Publication:
The Philippine Star
May 16,
2010
Acknowledgement:
ONAR, U.P. Law Center
May 18,
2010
