Baguio gov’t seeks special rules on patent of city lots

By Aileen P. Refuerzo

BAGUIO CITY – The city government sought reconsideration from the Dept. of Environment and Natural Resources (DENR) on issuance of  special guidelines for the implementation of Republic Act 10023 or the Residential Free Patent Law here governing lots.

Mayor Mauricio Domogan told the city council he was banking on support of the DENR regional office through Community Environment and Natural Resources Officer (CENRO) Edgardo Flor in the crafting of a letter to boost Baguio’s position that the city, being a townsite reservation, needs special rule particularly in preventing the subdivision of lots beyond 200 square meters just to qualify under the Free Patent.

            

The DENR central office in a Memorandum Order through its Land Management Bureau earlier turned down the issuance of special guidelines for the city opining that the “DENR should not give due advantage to Baguio City’s proposed adoption of R. A. 10023 to 200 square meters limit only and no further subdivision for more than said area limit” for lack of basis and for fear that it may set a precedent for other areas.

City and DENR-CAR officials earlier agreed that the free patent law runs counter to the city’s present procedure of disposing alienable and disposable lots and thus is inapplicable to the city’s setting as a townsite reservation. 

They said townsite sales applications (TSAs) cannot be converted into residential free patents as TSAs have a maximum of 1,000 square meters of land to be claimed as compared to residential free patents with a maximum of 200 square meters in highly urbanized cities like Baguio.

Domogan also earlier said he sees no problem in the processing of free patent applications for lots measuring 200 square meters which is the maximum area allowed under the Free Patent law but what he is questioning is the move to allow the subdivision of large tracts of land into 200 square meter lots to qualify under the Free Patent.

He said this practice amounts to circumvention of the Free Patent law and may be abused by landowners.

He said the DENR must not allow the subdivision of said larger tracts of land and instead maintain a status quo by subjecting said lots to the regular Townsite or Miscellaneous Sales Application (TSA/MSA) procedures.

            

“We should follow the law and altogether disqualify lots exceeding 200 square meters from the coverage of the Free Patent,” the mayor said.

During the council inquiry, Flor assured that they are going by the guidelines on area and structure requirements and are processing only those qualified with applications being referred to concerned agencies like the city government through the city planning and development office for concerns on land use and the city engineer’s office and the Dept. of Public Works and Highways (DPWH). 

He stressed that they are sticking to the one-structure-one-applicant policy and they do not allow subdivisions under the Free Patent.

But Mayor Domogan said he personally knows of Free Patent applications covering compounds with multiple applicants that have passed through the DENR-CAR.

The mayor maintained that if continually applied in the city, this will result to further congestion in the city.

Republic Act No. 10023 entitled “An Act Authorizing the Issuance of Free Patents to Residential Lands” was signed into law by President Gloria Macapagal-Arroyo on March 9, 2010. 

The DENR considers said new law as a “landmark measure as it streamlined the requirements and procedures of land titling involving zoned residential lands.”