Title
Amendment to Qualifications for Free Residential Patents
Law
Denr Administrative Order No. 2010-25
Decision Date
Oct 4, 2010
The amendment to the qualifications for issuing residential free patents mandates Filipino citizenship and at least ten years of actual occupation of the land, allowing minor applicants to be represented by guardians and permitting heirs to substitute deceased applicants.

Amendment rule and covered provision

  • DENR Administrative Order No. 2010-25 amends Section 3 of DENR Administrative Order No. 12 Series of 2010.
  • The amendment specifically concerns the qualifications for applicants for issuance of free patents to residential lands.

Qualifications for residential free patent applicants

  • Applicants for issuance of a residential free patent must possess Filipino citizenship.
  • Filipino citizenship is defined by subsection 2.1.
  • In case of doubt, the CENRO or the land investigator concerned may require proof of citizenship such as a copy of the birth certificate, passport, decree or order of naturalization, or certificate of dual citizenship.
  • Applicants must have actual occupation, actual residence, and continuous possession and occupation of the parcel subject of the application.
  • The continuous occupation must be for at least ten (10) years prior to the filing of the application.
  • Occupation and residence may be exercised by the applicant either personally or through a predecessor-in-interest, under a bona fide claim of acquisition of ownership.
  • There is no age requirement for applicants as long as minor applicants aged below eighteen (18) years old are duly represented by their legal guardians.
  • The heirs of a deceased applicant may substitute the applicant provided the heirs possess the required qualifications.
  • Only one application is allowed per applicant.

Scope, purpose, and implementation directive

  • The issuance is made in the interest of the service to further improve the implementation of Republic Act No. 10023.
  • DENR Administrative Order No. 2010-25 directs that Section 3 of DENR Administrative Order No. 12 Series of 2010 shall be read as amended with the qualifications listed.
  • DENR Administrative Order No. 2010-25 contains an instruction that the amendment governs the qualifications for residential free patent applicants under Republic Act No. 10023.

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