Question & AnswerQ&A (Republic Act No. 10023)
Any Filipino citizen who is an actual occupant of a residential land, subject to the land size limits depending on the location (200 sqm in highly urbanized cities, 500 sqm in other cities, 750 sqm in first and second class municipalities, and 1000 sqm in other municipalities), and provided the land is not needed for public service or public use.
The size limits are: 200 square meters in highly urbanized cities, 500 square meters in other cities, 750 square meters in first and second class municipalities, and 1,000 square meters in all other municipalities.
All lands zoned as residential areas, including townsites as defined under the Public Land Act, zoned residential areas inside or abandoned military camps, and those of local government units or townsites preceding Republic Act No. 7586 (NIPAS law), provided they do not violate Presidential Decree No. 705.
A map based on an actual survey conducted by a licensed geodetic engineer and approved by the DENR, a technical description of the land, and affidavits of two disinterested persons residing in the barangay attesting to the applicant's actual residence, possession, and continuous occupation of the land for at least 10 years under a bona fide claim of ownership.
Applications must be filed immediately after the effectivity of the Act before the CENRO of the DENR. The CENRO processes the application within 120 days, including compliance with legal notices. The PENRO then has 5 days to approve or disapprove the patent. Upon approval, the patent is issued.
Restrictions regarding encumbrances, conveyances, transfers, or dispositions imposed by Sections 118, 119, 121, 122, and 123 of Commonwealth Act No. 141 as amended do not apply to patents issued under this Act.
Special patents may be issued to public land actually occupied and used for public schools, municipal halls, public plazas or parks, and other government institutions for public use under the name of the national agency or local government unit concerned, subject to restrictions on disposal which require congressional or sanggunian approval.
The Director of the Land Management Bureau of the Department of Environment and Natural Resources (DENR) is responsible for promulgating rules and regulations to carry out the provisions of this Act, ensuring that these are gender responsive.
The Separability Clause provides that if any part of the Act is declared unconstitutional or invalid, the remaining parts or provisions not affected shall continue to be in full force and effect.
The Act took effect fifteen (15) days after its publication in two (2) national newspapers of general circulation, following its approval on March 9, 2010.