QuestionsQuestions (LTO MEMORANDUM CIRCULAR NO. VPT-2010-1417)
Any Filipino citizen who is an actual occupant of a residential land, provided the land is within the area limits set by the law and is not needed for public service and/or public use.
In highly urbanized cities: not more than 200 sq.m.; in other cities: not more than 500 sq.m.; in first and second class municipalities: not more than 750 sq.m.; in all other municipalities: not more than 1,000 sq.m.
The land applied for must not be needed for public service and/or public use.
All lands zoned as residential areas, including townsites as defined under the Public Land Act.
None of the provisions of Presidential Decree No. 705 shall be violated.
Yes, zoned residential areas located inside or abandoned military camp are covered by RA 10023.
Yes. Townsites/LGUs’ zoned residential areas that preceded RA 7586 or the National Integrated Protected Areas System (NIPAS) law are covered.
A map based on an actual survey by a licensed geodetic engineer approved by DENR, a technical description of the land, and an affidavit of two (2) disinterested persons residing in the barangay attesting that the applicant (or predecessor-in-interest) actually resided on and continuously possessed and occupied the land under a bona fide claim of acquisition of ownership for at least 10 years.
At least ten (10) years of actual residence and continuous possession and occupation under a bona fide claim of acquisition of ownership.
It must be from two (2) disinterested persons who reside in the barangay where the land is located, attesting to the truth of facts in the application, including the applicant’s (or predecessor’s) required possession and occupancy.
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, subject to private rights.
Such lands cannot 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.
The restrictions regarding encumbrances, conveyances, transfers, or dispositions imposed in Sections 118, 119, 121, 122, and 123 of Chapter XIV, Title VI of Commonwealth Act No. 141 (as amended) shall not apply to patents issued under RA 10023.
Applications must be filed immediately after the effectivity of the Act before the Community Environment and Natural Resources Office (CENRO) of the DENR.
CENRO must process the application within 120 days including notices and other legal requirements, then forward its recommendation to PENRO, which has 5 days to approve or disapprove. If approved, the patent is issued.
The parties may seek proper judicial remedies in case of conflicting claims among different claimants.
The Director of the Land Management Bureau of the DENR must promulgate the IRR and ensure they are gender responsive.