Question & AnswerQ&A (DENR DEPARTMENT ADMINISTRATIVE ORDER NO. 2009-05)
The main objectives are to simplify the systematic disposition of public alienable and disposable residential lands covered by RA 730, provide simplified guidelines for the appraisal of residential parcels, and enhance economic growth by fast-tracking titling and registration of these lands.
Miscellaneous Sales refers to the sale of alienable and disposable residential, commercial, and industrial lands under Chapter IX of the Public Land Act (Commonwealth Act 141), and disposition under miscellaneous sales is subject to bidding.
Persons entitled are: a) Filipino citizens; b) Must be of legal age; c) Do not own a home lot in the city or municipality where the land is located; d) Must occupy the land in good faith, have built houses thereon, and reside in the land.
The maximum area is one thousand (1,000) square meters for non-timber or non-mineral land suitable for residential purposes and not needed for public service.
The Appraisal Committee is composed of: 1) The Community Environment and Natural Resources Officer or Land Management Officer as Chairman; 2) Local Assessor or representative; 3) Local Planning Officer or representative.
The committee should consider the assessed value from the local assessor, cadastral/survey costs, administrative and titling costs, socio-economic data, and the capacity to pay of prospective applicants.
The DENR must secure a certification from the Local Government Unit's Planning and Development Office that the residential lands are not needed for public improvements and are used residentially.
A 10% down payment of the appraised lot value is required before the Order of Award. The balance can be paid in full or in up to ten equal annual installments bearing 4% interest per annum on overdue amounts.
A notice of the private sale must be posted for 30 days at the land itself, Barangay Hall, Municipal/City Hall, and CENRO, with a certification of posting prepared by the LGU and CENRO.