Free patents to residential lands

SUPPLEMENTAL KNOWLEDGE
Junie Wahayna

Republic Act No. 10023 or an Act Authorizing the Issuance of Free Patents to Residential Lands was approved by President Gloria Macapagal Arroyo last March 9, 2010.

The Free Patent Act, ratified by the two houses of Congress, seeks to ease the requirements and procedures in the titling of residential lands. Under this new law, the Director of the Land Management Bureau of the Department of Environment and Natural Resources (DENR) shall promulgate rules and regulations to carry out the provisions of this Act, and shall see to it that such are gender responsive.

Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent Title under this Act. Provided that in highly urbanized cities, the land should not exceed two hundred (200) square meters; in other cities, it should not exceed 500 square meters; in first class and second class municipalities, it should not exceed 750 square meters; and in all other municipalities, it should not exceed 1,000 square meters. Provided that the land applied for is not needed for public service and/or public use.

This Act shall cover all lands that are zoned as residential areas, including town sites as defined under the Public Land Act. Provided, that none of the provisions of Presidential Decree No.705 shall be violated.

Zoned residential areas located inside a delisted military reservation or abandoned military camp, and those of local government units or townsites which preceded Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) law, shall also be covered by this Act.

The application on the land applied for shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources together with the technical description of the land applied for.

A supporting affidavit of two disinterested persons who are residing in the barangay of the city or municipality where the land is located is also needed. The applicant or through his predecessor-in-interest, shall actually resided for more than 10 years and continuously possessed and occupied the land applied for.

Notwithstanding any provision of law to the contrary and subject to private rights, if any, public land actually occupied and used for public schools, municipal halls, public plazas or parks and other government institutions for public use or purpose may be issued special patents under the name of the national agency or LGU concerned: Provided 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 approved ordinance if owned by the LGU.

All applications shall be filed immediately after the affectivity of this Act before the Community Environment and Natural Resources Office (CENRO) of the DENR. The CENRO is mandated to process the application within one hundred and twenty (120) days to include compliance with the required notices and other legal requirements, and forward this recommendation to the Provincial Environment and Natural Resources Office (PENRO), who shall have five days to approve or disapprove the patent. In case of approval, patent shall be issued; in case of conflicting claims among different claimants, the parties may seek the proper judicial remedies.

This Act shall take effect 15 after its publication in two national newspapers of general circulation.