Question & AnswerQ&A (Republic Act No. 10023)
Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent Title under this Act, provided the land area limitations depending on the classification of the city or municipality are observed and the land is not needed for public service or use.
In highly urbanized cities, the land should not exceed two hundred (200) square meters in order to qualify for a Free Patent Title under this Act.
The Act covers 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 the National Integrated Protected Areas System (NIPAS) law, subject to the proviso that Presidential Decree No. 705 is not violated.
Applications must be supported by a map based on an actual survey by a licensed geodetic engineer approved by the DENR, a technical description of the land, and an affidavit by two disinterested persons residing in the barangay attesting to the applicant's bona fide possession for at least ten years.
Applications must be filed immediately after the effectivity of the Act before the Community Environment and Natural Resources Office (CENRO) of the DENR.
The CENRO must process the application within one hundred and twenty (120) days, including compliance with notices and legal requirements, then forward the recommendation to the Provincial Environment and Natural Resources Office (PENRO) who has five (5) days to approve or disapprove the patent.
In case of conflicting claims among claimants, the parties may seek proper judicial remedies to resolve the dispute.
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 they are gender responsive.