What is Free Patent

FREE PATENT

A free patent is a mode of acquiring a parcel of alienable and disposable public land which is suitable for agricultural purposes, thru the administrative confirmation of imperfect and incomplete title. Agricultural public lands classified as alienable and disposable are subject for disposition under Free Patent.

The applicant for a free patent must comply with the following qualifications:

1. He must be a natural born citizen of the Philippines.
2. He must not be the owner of more than twelve (12) hectares of land.
3. The land must have been occupied and cultivated for at least thirty (30) years prior to April 16, 1990 by the applicant or his predecessors-in-interest and shall have paid the real estate tax thereon.
4. 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

The following are the steps leading to the approval and issuance of a free patent:

1. Filing of application;
2. Investigation;
3. Posting of notice for two (3) consecutive weeks in the provincial capitol or municipal building and baranggay hall concerned;
4. Order of approval of application and issuance of patent;
5. Preparation of Patent in Judicial Form 54 and 54-D and the technical description duly transcribed at the back thereof;
6. Transmittal of the Free Patent to the Register of Deeds concerned for the issuance of the corresponding Original Certificate of Title.

The following officials of the Department of Environment and Natural Resources (DENR) are authorized to approve applications for homestead and free patents:

1. Up to 5 hectares – Provincial Environment and Natural Resources Officer (PENRO)
2. More than 5 Ha. to 10 Ha. – Regional Executive Director of the DENR.

(See: http://lmb.denr.gov.ph/free.html).

HOMESTEAD PATENT

Homestead Patent is a mode of acquiring alienable and disposable lands of the public domain for agricultural purposes conditioned upon actual cultivation and residence.

Where should Homestead Application be filed?

A Homestead application like any other public land applications should be filed at the DENR-Community Environment and Natural Resources Office where the land being applied for is located.

Who are qualified to apply

1. Citizens of the Philippines.
2. Over 18 years old or head of the family.
3. Not the owner of more than 12 hectares of land pursuant to the 1987 constitution

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