Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 2010-12)
The IRR covers applications for free patents for untitled public alienable and disposable lands zoned as residential, including zoned residential areas in proclaimed townsite reservations.
A Filipino citizen includes those listed in Article IV Section 1 of the 1987 Constitution such as: those who were citizens at the time of the Constitution's adoption; those with Filipino fathers or mothers; those born before 1973 of Filipino mothers who elect Philippine citizenship at majority; naturalized citizens; and persons with dual citizenship under RA 9225.
An actual occupant is any person occupying or residing in a residential structure on the land applied for, either personally or through a predecessor-in-interest, even if employed elsewhere temporarily.
Applicants must be Filipino citizens, have actual occupation, residence, and continuous possession of the land under a bona fide claim of ownership for at least 10 years before filing, and total landholdings after approval must not exceed 12 hectares including agricultural lands.
For highly urbanized cities: max 200 sq meters; other cities: 500 sq meters; first and second class municipalities: 750 sq meters; all other municipalities: 1000 sq meters.
Required are: approved plan or cadastral map; technical description of the land; simplified sketch showing boundaries; affidavits from two disinterested persons attesting to occupation and possession for at least 10 years; and for isolated applications, a Regional Trial Court certification of no pending land registration case.
Applicants file at the CENRO with complete documents, notices are posted publicly for 15 days, the CENRO processes the application within 120 days including verification and ocular inspection, resolves claims or opposition, and upon approval forwards the application to the PENRO.
The PENRO has a non-extendible period of 5 days to approve or disapprove the application after receipt of the recommendation.
Yes, pending miscellaneous sales applications under RA 10023 may be converted to free patent applications, provided the applicant is informed and consents, and complies with area limits and execution of affidavits for rights relinquishment and forfeiture of payments.