QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 2010-12)
It covers applications for free patents for untitled public alienable and disposable lands that are zoned as residential, and zoned residential areas in proclaimed townsite reservations.
They are lands identified and zoned as residential through the appropriate LGU ordinance, including mixed residential-commercial or mixed residential-industrial areas.
An actual occupant is any person occupying/living/staying in a residence structure on the parcel’s land for its primary purpose as residence. Persons employed in distant locations who cannot stay long are also deemed actual occupants.
The applicant must be a Filipino citizen and must have actual occupation, actual residence, and continuous possession/occupation under a bona fide claim of acquisition of ownership for at least 10 years prior to filing.
No. Minors below 18 may apply through their legal guardians; heirs of a deceased applicant may substitute if they possess the required qualifications.
HUC: up to 200 sq m; other cities: up to 500 sq m; first/second class municipalities: up to 750 sq m; all other municipalities: up to 1,000 sq m.
No application shall be approved for an individual whose total landholding would exceed an accumulated 12 hectares, including agricultural lands, if the application is granted.
Residential lands that are needed for public service and/or public use are excluded.
At least: (1) approved plan based on actual survey by a licensed geodetic engineer or cadastral map; (2) technical description; (3) simplified sketch showing boundaries and adjacent lots/features; (4) affidavit of two disinterested persons attesting to 10-year actual residence/possession under bona fide claim; and (5) for isolated applications, an RTC certification that no pending land registration case involves the parcel.
Filed in the CENRO having jurisdiction over the parcel (Regional Office in NCR acts as CENRO for this purpose). CENRO accepts, processes, and recommends approval; PENRO approves/disapproves and issues the patent upon approval.
The CENRO must process (including publication) within a non-extendible 120-day period, which starts when the accomplished application leaves the applicant’s hands and is turned over to the CENRO (authorized representative included).
The CENRO must post notices for 15 days in two conspicuous places within the city/municipality (preferably in the CENRO office or other readily seen places), then issue a certificate of posting after the 15 days.
The CENRO shall reject it without prejudice to refiling.
If an opposition is filed, the 120-day period for processing is deemed interrupted; the CENRO notifies the applicant and the application undergoes DENR regular claims and conflict procedures.
PENRO has a non-extendible period of five (5) days from receipt to approve and sign the patent or disapprove the application.
Yes. Disapproval with prejudice may be made on non-qualification of the applicant and when the land should undergo claims/conflict resolution procedures.
CENRO must apply regular claims and conflict procedures, but it must also fast-track resolution within 120 days, notify conflicting parties within 15 days from resolution, and apply ADR mechanisms in resolving claims and conflicts.